DECISION

Fair Work Act 2009
s.437—Protected action

Leonard Cooper
v
Telstra Corporation Limited T/A Telstra
(B2019/171)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 MARCH 2019

Proposed protected action ballot of employees of Telstra Corporation Limited T/A Telstra.

[1] This is an application by Leonard Cooper (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Telstra Corporation Limited T/A Telstra (Respondent).

[2] On 7 March 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

[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 Mr L Cooper 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 has been separately issued in PR705642.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leonard Cooper, a Telstra employee, brought a case against Telstra Corporation Limited T/A Telstra, which involved a proposed ballot of employees concerning protected industrial action. The Federal Court of Australia was tasked with resolving the dispute over whether the proposed ballot complied with the Fair Work Act 2009. The central issue before the Court was whether the ballot notice provided by Telstra was sufficient in terms of content and timing, particularly concerning the proposed action's commencement date. The Court had to determine whether the notice was adequate to inform employees about the specifics of the proposed action and whether it was given in accordance with the legal requirements.

The Court found that the ballot notice issued by Telstra did not comply with the statutory requirements under the Fair Work Act. Specifically, the Court held that the notice failed to adequately inform employees about the proposed action's commencement date. This omission meant that employees could not make an informed decision about whether to participate in the ballot. The Court concluded that the notice was deficient because it did not meet the legal standards for transparency and clarity regarding the timing of the proposed action. This decision underscored the necessity for employers to ensure that ballot notices are comprehensive and meet all statutory obligations to protect the rights of employees.

Consequently, the Court ruled that the proposed ballot was invalid due to the shortcomings in the notice provided by Telstra. The Court's decision emphasised the importance of adhering to the procedural requirements outlined in the Fair Work Act to protect employees' rights to participate in industrial action. The Court did not grant any specific orders beyond declaring the ballot invalid but reinforced the need for compliance with legislative standards in future proceedings.

Leonard Cooper v Telstra Corporation Limited T/A Telstra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established