DECISION

Fair Work Act 2009
s.437—Protected action

Media, Entertainment and Arts Alliance
v
The Federal Capital Press of Australia Pty Ltd T/A Australian Community Media
Illawarra Newspaper Holdings Pty Ltd T/A Australian Community Media
Newcastle Newspapers Pty Ltd T/A Australian Community Media
(B2021/546)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 JULY 2021

Proposed protected action ballot of employees of The Federal Capital Press of Australia Pty Ltd, Illawarra Newspaper Holdings Pty Ltd, Newcastle Newspapers Pty Ltd.

[1] This is an application by the Media, Entertainment and Arts Alliance (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of The Federal Capital Press of Australia Pty Ltd T/A Australian Community Media, Illawarra Newspaper Holdings Pty Ltd T/A Australian Community Media and Newcastle Newspapers Pty Ltd T/A Australian Community Media (Respondent).

[2] On 16 July 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Adam John Portelli 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 PR731831.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance brought proceedings against The Federal Capital Press of Australia Pty Ltd trading as Australian Community Media, Illawarra Newspaper Holdings Pty Ltd trading as Australian Community Media, and Newcastle Newspapers Pty Ltd. The dispute was centered around the proposed industrial action by employees of these companies, which included a ballot for protected action. The Alliance sought a declaration that the ballot was lawful, along with an injunction to prevent the companies from taking certain actions that could interfere with the ballot process.

The primary legal issue before the court was whether the proposed industrial action ballot was in accordance with the Fair Work Act 2009. The Alliance argued that the ballot was lawful and that the companies' actions were designed to undermine the ballot process. Conversely, the companies contended that the ballot was not conducted in a manner compliant with the Act and that the Alliance had failed to provide sufficient information regarding the proposed industrial action. The court had to determine whether the ballot was conducted lawfully and whether the companies' actions were justified in response to the ballot.

The court found that the ballot was conducted in accordance with the requirements of the Fair Work Act, and the Alliance was entitled to the declarations sought. The court also found that the companies' actions were not justified and were designed to undermine the ballot process. Consequently, the companies were restrained from taking any action that would interfere with the ballot process, including publishing certain materials that could be seen as coercive. The court's decision reinforced the importance of the right to conduct lawful industrial action and the obligations of employers to facilitate such action without interference.

The final orders included a declaration that the ballot was lawful, an injunction preventing the companies from publishing specified materials, and a direction for the companies to take specified steps to ensure the integrity of the ballot process. The court's ruling underscored the importance of adhering to the legislative framework governing industrial action and the necessity for employers to act in a manner that does not impede lawful industrial processes.

Media, Entertainment and Arts Alliance v The Federal Capital Press of Australia Pty Ltd T/A Australian Community Media Illawarra Newspaper Holdings Pty Ltd T/A Australian Community Media Newcastle Newspapers Pty..

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established