INDUSTRIAL ACTION – order against industrial action – protected action ballot – ss.418, 449, 461 Fair Work Act 2009 – application for an order to stop industrial action – union served notice on Suez of intention to take industrial action on 13 May 2016 – 24-hour stop work – whether industrial action is protected or not – order sought based on apparent non-compliance of ballot order made by Commission on 26 April 2016 – draft order stated voting would ‘close 20 working days from the date of this order’ – on 28 April 2016 the Australian Electoral Commission (AEC) provided notice to parties that the ballot would open on Friday, 6 May 2016 at 2:30pm and close at 5pm the same day – Commission satisfied that ballot conducted by AEC not conducted in accordance with ballot order and the requirements of s.449(2) of FW Act in that the voting did not close 20 working days from the date of the order – Suez contended this meant ballot not valid for the purposes of the FW Act and the proposed industrial action was not therefore protected industrial action – s.461 provides validity of protected action ballot not affected by technical breaches – breach in question effectively meant that ballot conducted quicker than envisaged by the terms of the order – Commission satisfied breach of protected action ballot order only a ‘technical breach’ with no substantive consequences – held ballot was valid and industrial action protected – application dismissed. Suez Recycling Recovery P/L v Transport Workers’ Union of Australia
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