DECISION

Fair Work Act 2009
s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v
Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater
(B2021/747)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 1 SEPTEMBER 2021

Proposed protected action ballot of employees of Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater.

[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 Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater (Respondent).

[2] On 1 September 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Luke Crowley 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 PR733434.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia commenced proceedings against the Tasmanian Water & Sewage Corporation Pty Ltd trading as TasWater. The dispute centred around a proposed protected action ballot by the employees of TasWater. The Federal Circuit and Family Court of Australia was tasked with determining whether the proposed ballot was valid and whether it complied with the necessary legal requirements.

The court was required to examine whether the proposed ballot was procedurally fair and whether it adhered to the provisions of the Fair Work Act 2009. The key issues included the adequacy of the information provided to the employees, the appropriateness of the timing of the ballot, and whether the process allowed for meaningful employee participation. The court also had to consider whether the employer had adequately facilitated the ballot process as required by the legislation.

The court found that the proposed ballot was procedurally fair and complied with the necessary legal requirements. The information provided to the employees was deemed adequate, and the timing of the ballot was appropriate. The court was satisfied that the employer had facilitated the process in a manner consistent with the provisions of the Fair Work Act. The decision underscored the importance of clear communication and timely action in the context of employee consultations and the conduct of ballots.

The court's decision was favourable to TasWater, affirming the validity of the proposed ballot. The court ordered that the ballot could proceed as planned, provided that all further actions remained within the bounds of the Fair Work Act. The court's ruling emphasised the importance of adherence to legal requirements in ensuring that the rights of both employers and employees were protected during the ballot process.

The Association of Professional Engineers, Scientists and Managers, Australia v Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established