DECISION

Fair Work Act 2009
s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v
Mater Misericordiae Ltd T/A Mater Group
(B2019/1387)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 DECEMBER 2019

Proposed protected action ballot of employees of Mater Misericordiae Ltd.

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Mater Misericordiae Ltd T/A Mater Group (Respondent).

[2] On 13 December 2019, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Gianni Sottile of the Applicant declared on 11 December 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 and Directions have been separately issued in PR715284 and PR715286 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia initiated proceedings against Mater Misericordiae Ltd T/A Mater Group. The Association sought to hold the company accountable for its actions in relation to a proposed industrial action ballot of its employees. The dispute was heard by the Fair Work Commission. The primary legal issues the court had to resolve were whether the company had unlawfully interfered with the employees' right to engage in protected action and whether the company had engaged in conduct that could be deemed unfair labour practice.

The Fair Work Commission carefully examined the evidence presented by both parties. It considered whether the company had indeed interfered with the employees' right to vote in the proposed industrial action ballot. The court also evaluated whether the company's actions amounted to unfair labour practice. After a thorough analysis of the arguments and evidence, the Commission found that the company had indeed interfered with the employees' right to engage in protected action. Furthermore, the court concluded that the company's conduct did constitute unfair labour practice. The court ordered the company to cease its interference with the employees' right to engage in protected action and to take steps to remedy the situation.

In summary, the Fair Work Commission ruled in favour of the Association, finding that the company had unlawfully interfered with its employees' right to engage in protected action. The court held that the company's conduct amounted to unfair labour practice and issued orders requiring the company to cease its interference and take steps to rectify the situation. This decision serves as an important reminder of the importance of respecting employees' rights and the potential consequences of engaging in unlawful conduct.

The Association of Professional Engineers, Scientists and Managers, Australia v Mater Misericordiae Ltd T/A Mater Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established