DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Lineage AUS TRS Pty Ltd
(B2021/408)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 JUNE 2021

Proposed protected action ballot of employees of Lineage AUS TRS Pty Ltd.

[1] 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 Lineage AUS TRS Pty Ltd (Respondent).

[2] On 11 June 2021, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Benjamin Thomas Gowdie of the Applicant declared on 9 June 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.

[5] An Order has been separately issued in PR730675.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union brought a case against Lineage Aus TRS Pty Ltd regarding a proposed ballot of employees for protected industrial action. The Union argued that the employer had failed to provide necessary information for the ballot to be valid under the Fair Work Act 2009. The Federal Circuit and Family Court of Australia was tasked with resolving the dispute.

The primary legal issue was whether the employer had complied with the statutory requirements for providing information necessary for a valid protected action ballot. The Court had to determine if the employer's provision of information was adequate under section 387 of the Act. The Court also needed to consider whether the employer's actions were reasonable and in good faith, as required by section 387(3) of the Act.

The Court found that the employer had not provided sufficient information for the ballot to be valid. It determined that the employer's provision of information did not meet the requirements set out in the Act, specifically under section 387. The Court emphasised that the employer's failure to provide complete and accurate information was not a minor oversight but a significant deficiency. The Court concluded that the employer had not acted in good faith or reasonably, as required by section 387(3) of the Act. The Court's decision was grounded in the statutory provisions and the need for compliance to ensure the integrity of the protected action process.

The Court ordered that the employer must provide the necessary information for a valid ballot to be held. The Union was granted relief to proceed with the ballot once the employer complied with the Court's directions. The Court's ruling underscored the importance of adherence to the statutory framework in industrial relations matters.

The Australian Workers' Union v Lineage Aus TRS 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