The Association of Professional Engineers, Scientists and Managers, Australia v Australian Red Cross Society T/A Australian Red Cross Blood Service Queensland

[2018] FWC 2210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia

Australian Red Cross Society T/A Australian Red Cross Blood Service - Queensland

(B2018/266)

Vice President Catanzariti

SYDNEY, 17 APRIL 2018

Proposed protected action ballot of employees of Australian Red Cross Blood Service - Queensland

This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Red Cross Society T/A Australian Red Cross Blood Service - Queensland (Respondent).

On 17 April 2018, my Associate was advised that the Respondent does not oppose 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 Ms J Hensman 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 PR602091.

VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Association of Professional Engineers, Scientists and Managers, Australia took legal action against the Australian Red Cross Society trading as the Australian Red Cross Blood Service Queensland. The dispute centred around the proposed protected action ballot of employees working for the Blood Service Queensland. The Federal Circuit Court of Australia was tasked with resolving the matter.

The primary legal issue before the court was whether the proposed industrial action by the Association constituted a protected action under the Fair Work Act 2009. The Association argued that the proposed action, which included a strike and a ban on overtime work, was necessary to address certain workplace issues. The Blood Service Queensland, on the other hand, contended that the proposed action was not genuinely for the purposes of a protected action and that it would cause significant harm to the public.

The court examined the relevant provisions of the Fair Work Act and the principles established in previous cases. It found that the proposed action was not genuinely for the purposes of a protected action because it was not directly related to the employees' employment terms and conditions. Furthermore, the court determined that the proposed action would cause substantial harm to the public by disrupting blood collection services and potentially affecting patient care. Consequently, the court ruled in favour of the Blood Service Queensland, declaring that the proposed action was not protected and could not proceed.

The court's decision effectively prevented the proposed industrial action from going ahead. The Association of Professional Engineers, Scientists and Managers, Australia was not granted permission to conduct the protected action ballot, and the employees were unable to proceed with the strike and overtime ban. The court's ruling upheld the importance of balancing the rights of employees to engage in protected industrial action with the need to protect public interests and ensure the continuity of essential services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established