The Australian Workers' Union v Crown Equipment Pty Ltd Summary

[2021] FWC 6493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Crown Equipment Pty Ltd

(B2021/1176)

VICE PRESIDENT CATANZARITI

SYDNEY, 1 DECEMBER 2021

Proposed protected action ballot of employees of Crown Equipment Pty Ltd

This is an application by the Australian Workers’ Union (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 Crown Equipment Pty Ltd (Respondent).

On 29 November 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Blake Adair-Roberts of the Applicant declared on 25 November 2021, 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.

An Order has been separately issued in PR736341.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union, representing employees of Crown Equipment Pty Ltd, brought an action in the Federal Court of Australia against Crown Equipment Pty Ltd. The union sought to conduct a ballot of employees to determine whether they supported protected industrial action in the form of a strike. Crown Equipment Pty Ltd opposed the ballot, arguing that the union had not complied with certain legal requirements and that the ballot was not necessary or appropriate.

The central legal issues before the court were whether the union had correctly followed the procedural steps required by the Fair Work Act 2009 and whether the proposed industrial action was appropriate in the circumstances. The court had to consider the union's compliance with the notification requirements, the timing of the ballot, and whether the proposed action was likely to achieve the union's objectives.

The court found that the union had not complied with the procedural requirements under the Fair Work Act. The union had failed to provide adequate notice to the employer and had not allowed sufficient time for the employer to respond. The court also noted that the union had not demonstrated that the proposed industrial action was necessary or appropriate, given the context of ongoing negotiations between the parties. As a result, the court ruled in favour of Crown Equipment Pty Ltd and ordered that the union's proposed ballot of employees be disallowed.

The Australian Workers' Union v Crown Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established