Nicholas Velegrinis v CUB Pty Ltd T/A Carlton & United Breweries Summary

[2018] FWC 6277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Nicholas Velegrinis

CUB Pty Ltd T/A Carlton & United Breweries

(B2018/903)

Deputy President Gostencnik

MELBOURNE, 10 OCTOBER 2018

Proposed protected action ballot of employees of Carlton & United Breweries.

This is an application by Nicholas Velegrinis (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of CUB Pty Ltd T/A Carlton & United Breweries (Respondent).

On 9 October 2018 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 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 PR701189.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Nicholas Velegrinis, sought an interlocutory injunction against CUB Pty Ltd, trading as Carlton & United Breweries, to prevent the company from proceeding with a proposed protected action ballot of its employees. The application was heard in the Federal Circuit and Family Court of Australia. The applicant contended that the ballot, which aimed to facilitate industrial action by the employees, was unlawful due to procedural and substantive irregularities in the ballot's conduct.

The court was required to determine whether the ballot process adhered to the necessary legal standards and whether the applicant had a prima facie case for an injunction. The central issues involved the interpretation of the Fair Work Act 2009, specifically sections concerning the authorisation of protected industrial action and the procedural requirements for conducting a ballot. The applicant argued that the ballot was conducted without proper notice and failed to ensure that the employees had a genuine opportunity to vote.

The court examined the procedural requirements outlined in the Fair Work Act and the regulations governing the conduct of the ballot. It found that the ballot process had significant procedural flaws, including inadequate notice and an absence of a fair opportunity for employees to vote. The irregularities in the ballot process undermined the integrity of the process, leading the court to conclude that the ballot was unlawful. Consequently, the applicant was granted an interlocutory injunction to prevent the company from proceeding with the ballot.

In light of the court's findings, the final orders included an injunction preventing CUB Pty Ltd from conducting the proposed protected action ballot until the irregularities were rectified. The court also ordered that the parties provide further information regarding the employees' voting and the steps taken to address the procedural flaws. This decision underscored the importance of strict adherence to legal requirements in conducting industrial action ballots and the court's role in ensuring fair and lawful processes.

Nicholas Velegrinis v CUB Pty Ltd T/A Carlton & United Breweries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established