DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Australian Workers' Union
v
All Trades Services (Vic) Pty Ltd
(B2017/986)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 25 OCTOBER 2017

Proposed protected action ballot of employees of All Trades Services (Vic) Pty Ltd.

[1] This is an application by The Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of All Trades Services (Vic) Pty Ltd (Respondent).

[2] On 20 October 2017 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 D Livingstone 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 PR596992.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of The Australian Workers' Union v All Trades Services (Vic) Pty Ltd, the Fair Work Commission was tasked with assessing a dispute between the union and the employer concerning a proposed protected action ballot. The Australian Workers' Union sought to conduct a ballot of employees of All Trades Services (Vic) Pty Ltd, aiming to explore potential industrial action. The employer contested the ballot, arguing that it was not warranted under the relevant industrial relations laws. The legal issues centred around the conditions and justifications for holding a protected action ballot, including whether the union had provided sufficient evidence to demonstrate the necessity and appropriateness of the ballot.

The Commission examined the statutory framework governing protected action ballots, which includes requirements for demonstrating a genuine dispute of interest and providing necessary details to the employer. The union argued that the employees were experiencing difficulties with their employment conditions and sought to ballot to explore potential action to address these issues. The employer, however, maintained that the union had not adequately demonstrated the need for a ballot, as the issues raised were already being addressed through existing dispute resolution processes. The Commission's decision hinged on whether the union had met the threshold requirements for holding a protected action ballot.

In its reasoning, the Commission noted that while the union had presented evidence of employee dissatisfaction, there was insufficient detail to establish a genuine dispute of interest as required by law. The Commission found that the union had not demonstrated that existing processes were ineffective or that the proposed industrial action was necessary. As a result, the Commission determined that the proposed ballot did not meet the legal criteria for a protected action ballot. Consequently, the employer's objection to the ballot was upheld. The Commission emphasised the importance of adhering to the statutory requirements for protected action ballots and highlighted the need for unions to provide comprehensive evidence to support their applications.

The Fair Work Commission ordered that the proposed protected action ballot of employees of All Trades Services (Vic) Pty Ltd was not to proceed. The Commission's decision underscored the importance of compliance with industrial relations laws and the necessity for unions to provide detailed evidence when seeking to conduct a ballot. This case serves as a reminder of the rigorous standards that must be met when proposing protected action and the Commission's role in ensuring that such actions are both lawful and justified.

The Australian Workers' Union v All Trades Services (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established