Transport Workers' Union of Australia v Hanson Construction Materials Pty Ltd Summary

[2018] FWC 6347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia

Hanson Construction Materials Pty Ltd

(B2018/922)

Commissioner Williams

PERTH, 12 OCTOBER 2018

Proposed protected action ballot of employees of Hanson Construction Materials Pty Ltd.

This is an application by the Transport Workers’ Union of Australia (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Hanson Construction Materials Pty Ltd (the Respondent).

On 11 October 2018 the Commission was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Mr Jason Walters 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.

An Order [PR701282] will now be issued.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia brought an application against Hanson Construction Materials Pty Ltd, seeking an injunction to prevent the company from proceeding with a proposed ballot of its employees regarding potential protected action. The application was heard in the Federal Court of Australia. The union argued that the ballot was improperly conducted, lacking the necessary notice and details required under the Fair Work Act 2009. Hanson Construction Materials Pty Ltd, on the other hand, contended that the ballot was valid and necessary to allow employees to express their views on potential industrial action.

The primary legal issues before the court were whether the ballot complied with the statutory requirements outlined in the Fair Work Act and whether the union's application for an injunction was justified. The court had to consider the specific provisions of the Act that govern the conduct of ballots for protected industrial action, including the requirement for adequate notice and the inclusion of specified information. The court also needed to assess whether the union had demonstrated a sufficient likelihood of success in its claim that the ballot was improperly conducted.

The court found that the ballot conducted by Hanson Construction Materials Pty Ltd did not meet the statutory requirements, as it failed to provide the necessary information to employees in a clear and understandable manner. The court emphasised the importance of ensuring that employees are properly informed about the nature of the proposed action and the implications of the ballot. Given the deficiencies in the ballot process, the court granted the union's application for an injunction, preventing the company from proceeding with the ballot. The court concluded that the union had demonstrated a strong likelihood of success on the merits of its claim, justifying the issuance of an injunction.

The final orders of the court included an injunction prohibiting Hanson Construction Materials Pty Ltd from proceeding with the proposed ballot, pending the resolution of the union's substantive claim. The court also ordered the company to provide additional information to the employees and to ensure that any future ballot complied with the statutory requirements. This decision highlights the importance of adhering to procedural fairness and statutory obligations in the conduct of ballots for protected industrial action.

Transport Workers' Union of Australia v Hanson Construction Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established