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 T/A SEM
(B2019/1359)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 2 DECEMBER 2019

Proposed protected action ballot of employees of United Firefighters' Union of Australia - Victorian Branch T/A UFU.

[1] This is an application by the 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 T/A SEM (Respondent).

[2] On 29 November 2019, 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 PR714775.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the United Firefighters' Union of Australia, acting on behalf of its employees, and Sem Fire and Rescue Pty Ltd, trading as Sem. The dispute centred around the employees' proposed ballot for protected industrial action, which Sem sought to prevent on the grounds that it could jeopardise public safety and emergency response services. The Commission was tasked with determining whether the proposed industrial action could proceed.

The central legal issues before the Commission were whether the proposed industrial action constituted protected action under the Fair Work Act and whether the public safety concerns raised by Sem outweighed the employees' right to engage in protected industrial action. The Commission had to balance the employees' right to take action with the potential impact on public safety and the continuity of essential services.

The Fair Work Commission ruled in favour of the employees, allowing the protected action ballot to proceed. The Commission acknowledged the importance of public safety but found that the proposed industrial action did not pose an unacceptable risk to public safety, as the employees were experienced and the action was planned to avoid critical periods. The Commission emphasised that protected action was a fundamental right under the Fair Work Act, provided it did not unreasonably jeopardise public safety. The Commission's decision allowed the employees to exercise their rights to organise and take collective action, subject to the conditions necessary to protect public safety.

The Fair Work Commission ordered that Sem Fire and Rescue Pty Ltd, trading as Sem, permit the employees to conduct the proposed protected action ballot, provided that the action was organised in a manner that did not unacceptably risk public safety. The Commission also directed that any industrial action taken must be done in a way that ensured the continuity of essential firefighting and emergency response services.

United Firefighters' Union of Australia v Sem Fire and Rescue Pty Ltd T/A Sem

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established