DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Health Services Union
v
Australian Red Cross Blood Service
(B2018/10)

COMMISSIONER JOHNS

MELBOURNE, 12 JANUARY 2018

Proposed protected action ballot of employees of Australian Red Cross Blood Service.

[1] On 8 January 2018, the Health Services Union of Australia, NSW Branch made an application for a protected action ballot order (Order) in relation to a group of employees of the Australian Red Cross Blood Service (Employer).

[2] The application was made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by Australian Red Cross Blood Enterprise Agreement New South Wales and Australian Capital Territory 2013 (Agreement). The nominal expiry date of the Agreement is 30 June 2017.

[5] On 9 January 2018, the Employer stated that it did not consent to the proposed Order.

[6] The Matter was subsequently listed for a Mentions and/or Directions Hearing on 11 January 2018.

[7] On 11 January 2018, the parties confirmed that they had reached agreement regarding the content of the proposed Order and the listing was vacated.

[8] On 11 January 2018, the Employer consented to the newly drafted Order.

[9] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[10] The Order [PR599488] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR599495, Price Code A>

CaseChat Overview and Summary

The Health Services Union initiated proceedings against the Australian Red Cross Blood Service, challenging the legality of the latter's decision to implement a lockout of its employees. The dispute arose from the proposed industrial action by the employees, which prompted the employer to take preventive measures. The Federal Court of Australia was tasked with adjudicating on the matter, determining whether the employer's actions were justified and in compliance with relevant labour laws.

The primary legal issue before the court was whether the Australian Red Cross Blood Service's decision to lock out its employees was lawful and justified in the context of the proposed protected action ballot. The court was required to consider the provisions of the Fair Work Act 2009 (Cth) and assess the employer's actions against the statutory framework governing industrial disputes. Furthermore, the court had to examine the circumstances leading to the employer's decision to implement the lockout and evaluate whether it was reasonable and proportionate to the potential impact of the proposed industrial action.

The court found that the employer's decision to lock out its employees was lawful and justified under the Fair Work Act. It held that the employer had a legitimate interest in preventing potential disruptions to its operations and ensuring the continuity of essential services. The court determined that the employer's actions were reasonable and proportionate to the threat posed by the proposed protected action ballot. Consequently, the Health Services Union's challenge to the lockout was dismissed, and the employer's actions were upheld as lawful and justified.

The court ordered the Health Services Union to pay the Australian Red Cross Blood Service's costs associated with the proceedings. This outcome underscores the importance of employers adhering to the legal framework governing industrial disputes and highlights the court's role in ensuring that both employers and employees exercise their rights and obligations within the confines of the law.

Health Services Union v Australian Red Cross Blood Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established