DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers Union
v
APT Management Services Pty Limited
(B2021/947)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 4 OCTOBER 2021

Proposed protected action ballot of employees of APT Management Services Pty Limited.

[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 APT Management Services Pty Limited (Respondent).

[2] On 4 October 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 Ross Andrew Kenna 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 PR734547.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers Union initiated legal proceedings against APT Management Services Pty Limited in the Federal Court of Australia, seeking to protect a proposed ballot of employees regarding protected industrial action. The union aimed to ensure the employees could vote on potential strike action, which was central to the dispute. APT Management Services contested the union's application, arguing that the ballot was not necessary and would disrupt the company's operations.

The court was tasked with determining whether the proposed industrial action ballot met the statutory requirements under the Fair Work Act 2009. This involved assessing whether the ballot complied with the Act's provisions regarding the timing, content, and notice of protected action. The central legal issue was whether the union had adequately demonstrated that the ballot was necessary and justified under the legislative framework.

The court found that the union had fulfilled its obligations under the Fair Work Act. It held that the proposed ballot was necessary to allow employees to make informed decisions about their industrial action. The union had provided sufficient information to the employees and followed the required procedures, including giving the necessary notice to the employer. Consequently, the court granted the union's application, allowing the ballot to proceed.

The Federal Court ordered that the proposed industrial action ballot of APT Management Services Pty Limited's employees could go ahead as planned. The union was authorised to conduct the ballot to facilitate the employees' right to engage in protected action, subject to the statutory requirements being met.

The Australian Workers Union v APT Management Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established