covid19-law.com.au
13. Industrial
G. Protected Action
i. Legislation
As of the last update, we are not aware of any COVID-19 related legislation in this area.
ii. Case law
Protected action ballots are now conducted by the Australian Electoral Commission exclusively by postal ballot: Australian Rail, Tram and Bus Industry Union v Queensland Rail Transit Authority [2020] FWC 1624, [6]; Australian Workers' Union, The v Hanson Construction Materials Pty Ltd [2020] FWC 1621, [6]; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Berri Pty Limited [2020] FWC 1634, [6]. The period for which they will be open may also be longer, in order to accommodate delays arising from the pandemic: The Australian Maritime Officers’ Union v Argonaut Group Pty Ltd T/A Argonaut Marine Group [2020] FWC 2064, [9].
In Australian Municipal, Administrative, Clerical and Services Union v Probe Operations Pty Ltd [2020] FWC 2285, the Fair Work Commission expressed the view that an electronic ballot, in order to determine the extent of employee support for bargaining for the purposes of s 236 of the Fair Work Act 2009 (Cth), should be conducted to avoid logistical challenges related to the COVID-19 pandemic. See also Australian Municipal, Administrative, Clerical and Services Union v Probe Operations Pty Ltd [2020] FWC 2285.
G. Protected Action
i. Legislation
As of the last update, we are not aware of any COVID-19 related legislation in this area.
ii. Case law
Protected action ballots are now conducted by the Australian Electoral Commission exclusively by postal ballot: Australian Rail, Tram and Bus Industry Union v Queensland Rail Transit Authority [2020] FWC 1624, [6]; Australian Workers' Union, The v Hanson Construction Materials Pty Ltd [2020] FWC 1621, [6]; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Berri Pty Limited [2020] FWC 1634, [6]. The period for which they will be open may also be longer, in order to accommodate delays arising from the pandemic: The Australian Maritime Officers’ Union v Argonaut Group Pty Ltd T/A Argonaut Marine Group [2020] FWC 2064, [9].
In Australian Municipal, Administrative, Clerical and Services Union v Probe Operations Pty Ltd [2020] FWC 2285, the Fair Work Commission expressed the view that an electronic ballot, in order to determine the extent of employee support for bargaining for the purposes of s 236 of the Fair Work Act 2009 (Cth), should be conducted to avoid logistical challenges related to the COVID-19 pandemic. See also Australian Municipal, Administrative, Clerical and Services Union v Probe Operations Pty Ltd [2020] FWC 2285.
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