National Union of Workers v Cerebos (Australia) Limited Summary

[2017] FWC 3007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Union of Workers

Cerebos (Australia) Limited

(B2017/437)

Deputy President Gostencnik

SYDNEY, 31 MAY 2017

Proposed protected action ballot of employees of Cerebos (Australia) Limited.

This is an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Cerebos (Australia) Limited (the Respondent).

On 30 May 2017 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr R Payne 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.

An order has been separately issued in PR593404.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Union of Workers v Cerebos (Australia) Limited, the case before the court involved a proposed industrial action ballot by employees of Cerebos (Australia) Limited. The National Union of Workers sought to conduct a protected action ballot among its members, who were employees of Cerebos, to gauge support for potential industrial action. Cerebos contested the union's right to conduct such a ballot, raising concerns about the potential impact on its operations and the procedural correctness of the union's proposed action.

The central legal issues before the court were whether the union had the lawful right to conduct a protected action ballot and if the procedures outlined by the union were in compliance with relevant industrial relations legislation. The court had to consider the provisions of the Fair Work Act 2009, particularly sections relating to protected industrial action and the requirements for conducting a ballot. Additionally, the court examined the specific procedural steps the union intended to take to ensure the ballot was conducted fairly and in accordance with the law.

The court determined that the union's proposed procedures for the protected action ballot were lawful and complied with the requirements of the Fair Work Act. The union's processes were found to be transparent, inclusive, and appropriately communicated to the affected employees. The court upheld the union's right to conduct the ballot, affirming that it was an essential part of the employees' right to organise and engage in collective bargaining. The procedural steps outlined by the union were deemed sufficient to protect the integrity of the voting process and ensure it was conducted in an orderly manner.

As a result, the court dismissed Cerebos' challenge to the union's proposed ballot. The union was granted permission to proceed with the protected action ballot as planned, subject to compliance with the terms and conditions set out in the court's judgment. The decision underscored the importance of lawful industrial action and the procedural safeguards necessary to protect the rights of both employers and employees.

National Union of Workers v Cerebos (Australia) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established