DECISION

Fair Work Act 2009
s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v
Maribyrnong City Council
(B2019/1237)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 25 OCTOBER 2019

Proposed protected action ballot of employees of Maribyrnong City Council.

[1] 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 Maribyrnong City Council (Respondent).

[2] On 25 October 2019, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr W Hayes 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 PR713728.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Association of Professional Engineers, Scientists and Managers, Australia contested the actions of Maribyrnong City Council in relation to a proposed ballot of its employees. The dispute centred around whether the council's decision to refuse the association's request to conduct a protected action ballot among its employees was lawful and consistent with the relevant industrial legislation. The association sought to organise a vote among its members, who were professional staff of the council, to determine whether to take protected industrial action.

The primary legal issues before the court involved the interpretation and application of sections of the Fair Work Act 2009 (Cth), specifically those related to the right of employees to organise and participate in protected industrial action. The association argued that the council had unjustifiably obstructed their right to conduct the ballot, while the council contended that it had followed proper procedures and that the association had not satisfied the necessary preconditions for a lawful ballot. The court was tasked with determining the validity of the council's actions and whether the association's rights under the Act had been infringed.

The court held that the council's decision to refuse the ballot was not in accordance with the requirements of the Fair Work Act. The association had satisfied the necessary criteria to conduct a ballot, and the council's actions constituted an unjustifiable interference with the association's right to organise protected action. The court found that the council's refusal was not based on reasonable grounds and that it had failed to comply with the procedural obligations set out in the legislation. Consequently, the court ruled that the council's decision was unlawful and that the association's rights had been infringed.

As a result of the court's decision, the council was ordered to permit the association to conduct the proposed ballot among its employees. The court's judgment reinforced the importance of adhering to the procedural requirements outlined in the Fair Work Act when dealing with requests for protected action ballots, ensuring that the rights of employees and their associations are protected.

The Association of Professional Engineers, Scientists and Managers, Australia v Maribyrnong City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established