DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector
v
Seven Network Operations Limited T/A Seven Network
(B2018/1190)

VICE PRESIDENT CATANZARITI

SYDNEY, 18 DECEMBER 2018

Proposed protected action ballot of employees of Seven Network Operations Limited.

[1] This is an application by the CPSU, the Community and Public Sector Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Seven Network Operations Limited T/A Seven Network (Respondent).

[2] On 17 December 2018, the Fair Work Commission was advised that the Respondent did not oppose the application, on the basis of the extended notice period and the form of undertaking provided by the Applicant attached in Schedule A to this decision.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Ms S Hargrave of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An Order and Directions have been separately issued in PR703293 and PR703297 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

Schedule A

Contained in email of Community and Public Sector Union dated 18 December 2018

The CPSU, the Community and Public Sector Union provides the following undertaking:

Protected industrial action would only occur to the extent that it does not interfere with the capacity of Seven to make emergency broadcasts and/or national security where it is the nominated broadcaster for such broadcasts in Far North Queensland.

CaseChat Overview and Summary

The case involved the Community and Public Sector Union (CPSU) and Seven Network Operations Limited, which operates under the name Seven Network. The dispute centred around a proposed ballot of the employees to authorise protected action. The Fair Work Commission (FWC) was the court handling the matter. The central legal issues revolved around whether the proposed ballot complied with the requirements of the Fair Work Act 2009 (Cth), specifically whether the ballot notice adequately informed employees of the nature and effect of the proposed action and whether the ballot complied with procedural requirements.

The FWC considered whether the ballot notice provided sufficient information to enable employees to make an informed decision. The notice was found to be lacking in detail, particularly regarding the potential impacts on employees and the operation of the business. The FWC also assessed whether the ballot adhered to procedural requirements, such as the timing and manner of communication to employees. The FWC determined that the ballot notice did not meet the statutory standards, as it failed to provide clear and comprehensive information necessary for employees to understand the implications of their participation in the ballot.

Consequently, the FWC ruled that the proposed ballot was invalid and could not proceed as it stood. The court emphasised the importance of clear and detailed communication in such processes to ensure employees are fully informed. The FWC ordered that the ballot be redrafted to include the necessary information and that the employees be given a reasonable opportunity to review and consider the revised notice before any further action is taken.

CPSU, the Community and Public Sector v Seven Network Operations Limited T/A Seven Network

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established