the Applicant v the Respondent
Citation: [2014] FCA 1119
What happened
The Ambulance Employees Australia Victoria branch of United Voice sought to take industrial action supporting their claim for an enterprise agreement. They conducted a protected action ballot which approved various forms of industrial action. One approved action ('Action 12') was for acting and senior team managers to release ambulance response time data to media without management approval during their normal working hours. Ambulance Victoria sought to prevent this action, arguing it was not lawful protected industrial action.
What was decided
The court adjourned the proceeding for further hearing. The court was considering whether releasing response time data to media without authorization constitutes protected industrial action under s 415 of the Fair Work Act. The action involved breaching the employer's media policy and conducting work in a manner contrary to lawful direction. The central question was whether this fell within the definition of industrial action as a restriction or limitation on performance of work.
What it means for employers
Employers can seek to prevent proposed industrial action that they believe falls outside protection. Industrial action must meet the statutory definition and be for permitted purposes related to an enterprise agreement claim.
What it means for employees
Industrial action requires protection under the Fair Work Act to shield participants from legal consequences. Not all workplace actions qualify as protected industrial action, and authorization through protected action ballots is mandatory.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2014/2014fca1119Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →