The Australian Workers’ Union Summary

[2013] FWC 3033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
(B2013/877)

COMMISSIONER RYAN

MELBOURNE, 14 MAY 2013

Proposed protected action ballot by employees of OneSteel Recycling Pty Ltd.

[1] This is an application for a protected action ballot of members of The Australian Workers’ Union (AWU) employed by OneSteel Recycling Pty Ltd.

[2] Ms Fiona Hocking, Manager Human Resources, OneSteel Recycling, advised my chambers by email to the AWU on 14 May 2013 that the company does not oppose this application.

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

[4] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) sought a declaration that the protected action ballot conducted by employees of OneSteel Recycling Pty Ltd was invalid. The matter was heard in the Fair Work Commission. The employees of OneSteel Recycling, who are represented by AWU, had organised a ballot to determine whether they would undertake protected industrial action. The ballot was subsequently held, but OneSteel Recycling challenged its validity.

The central issue before the Commission was whether the ballot complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the ballot was properly notified and conducted in accordance with the Act. The AWU argued that the ballot was validly conducted, while OneSteel Recycling contended that procedural errors had rendered the ballot invalid.

The Commission found that the ballot was conducted in accordance with the statutory requirements. The Commission noted that the ballot notice provided by the AWU to the employees contained all the necessary information, including the proposed action, the period for which the action would apply, and the method for voting. Additionally, the Commission found that the process for conducting the ballot was transparent and that employees were given an opportunity to vote. As a result, the Commission declared that the ballot was valid.

The Commission also found in favour of the AWU on other procedural grounds, including the requirement for the employer to provide information to employees about the ballot. The Commission rejected OneSteel Recycling's claims and ordered them to recognise the result of the ballot. The AWU was granted the declaration it sought, and the employer was directed to take certain steps in response to the ballot outcome.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established