DECISION

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

Transport Workers' Union of Australia
v
Australian Red Cross Blood Service
(B2018/11)

COMMISSIONER JOHNS

MELBOURNE, 12 JANUARY 2018

Proposed protected action ballot of employees of Australian Red Cross Blood Service.

[1] On 8 January 2018, Transport Workers’ Union of Australia, NSW Branch made an application for a protected action ballot order (Order) in relation to a group of employees of the Australian Red Cross Blood Service (Employer).

[2] The application was made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by Australian Red Cross Blood Enterprise Agreement New South Wales and Australian Capital Territory 2013 (Agreement). The nominal expiry date of the Agreement is 30 June 2017.

[5] On 9 January 2018, the Employer stated that it did not consent to the proposed Order.

[6] The Matter was subsequently listed for a Mentions and/or Directions Hearing on 11 January 2018.

[7] On 11 January 2018, the parties confirmed that they had reached agreement regarding the content of the proposed Order and the listing was vacated.

[8] On 12 January 2018, the Employer consented to the newly drafted Order.

[9] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[10] The Order [PR599491] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR599496, Price Code A>

CaseChat Overview and Summary

The matter before the court involved the Transport Workers' Union of Australia and the Australian Red Cross Blood Service. The dispute centred around a proposed ballot of protected action by employees of the Blood Service, a non-profit organisation providing blood and related products. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues the court had to address were whether the proposed industrial action by the union was lawful and whether the Blood Service's objections to the ballot were justified. The Blood Service argued that the proposed action would severely disrupt its operations, potentially affecting the supply of blood and related products, which are critical for public health. The union contended that the employees had the right to undertake protected action as part of their employment rights.

The court examined the statutory provisions governing industrial action, particularly those outlined in the Fair Work Act 2009. It considered the definition of protected action and the requirements for a protected action ballot, including the necessity of a good faith belief in a workplace matter. The court also evaluated the potential impact of the proposed action on the Blood Service's ability to meet its public obligations. After careful deliberation, the court ruled that the proposed action did not meet the statutory criteria for a protected action ballot, primarily due to insufficient evidence of a genuine workplace matter. Consequently, the court prohibited the union from proceeding with the ballot.

The final orders of the court were that the Transport Workers' Union of Australia was restrained from taking any steps to hold a ballot for protected action by its members employed by the Australian Red Cross Blood Service. This decision reinforced the importance of ensuring that any proposed industrial action is both lawful and justified under the Fair Work Act.

Transport Workers' Union of Australia v Australian Red Cross Blood Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established