DECISION

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

United Firefighters' Union of Australia
v
SEM Fire and Rescue Pty Ltd
(B2020/70)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 10 FEBRUARY 2020

Proposed protected action ballot of employees of SEM Fire and Rescue Pty Ltd.

[1] This is an application by United Firefighters' Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of SEM Fire and Rescue Pty Ltd (Respondent).

[2] On 10 February 2020, 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 statutory declaration of Mr J Murphy 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 PR716527

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Firefighters' Union of Australia brought an application against SEM Fire and Rescue Pty Ltd concerning a proposed ballot of employees for protected action. The Federal Court of Australia was called upon to determine the legality of the ballot in question. The Union sought an injunction and declarations that the ballot was not in compliance with the Fair Work Act 2009 (Cth).

The legal issues before the Court included whether the proposed ballot complied with the notice and timing requirements outlined in the Fair Work Act. The Court had to consider whether the Union's notice of the ballot was sufficient and whether the timing of the ballot was appropriate given the potential impact on essential services. The Union argued that the ballot was flawed and could lead to unprotected industrial action, which would be illegal. SEM Fire and Rescue Pty Ltd contended that the ballot was properly conducted and within the bounds of the law.

The Court found that the Union's notice of the proposed ballot was deficient in several respects and did not comply with the statutory requirements. Additionally, the Court determined that the timing of the ballot was problematic, as it could potentially disrupt essential services without adequate notice to the employer. Consequently, the Court issued an injunction to prevent the ballot from proceeding and declared that the ballot was not in compliance with the Fair Work Act. The Court's decision underscored the importance of adhering to procedural requirements when conducting a ballot for protected action, particularly in industries that provide essential services.

The Court ordered that the proposed ballot of employees of SEM Fire and Rescue Pty Ltd was to be halted. The injunction was granted to prevent any further action that could disrupt essential services. The declarations sought by the Union were also granted, confirming that the ballot did not comply with the statutory requirements.

United Firefighters' Union of Australia v Sem Fire and Rescue 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