Australian Municipal, Administrative, Clerical and Services Union v Barwon Asset Solutions Pty Ltd Summary

[2022] FWC 1561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union

Barwon Asset Solutions Pty Ltd

(B2022/590)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 20 JUNE 2022

Proposed protected action ballot of employees of Barwon Asset Solutions Pty Ltd

This is an application by the Australian Municipal, Administrative, Clerical and Services Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Barwon Asset Solutions Pty Ltd (the Respondent).

On 20 June 2022, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Mr David Nuns 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.

An order has been separately issued in PR742838.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (Applicant) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for an order permitting a ballot of certain employees of Barwon Asset Solutions Pty Ltd (Respondent) to approve protected action. The Applicant sought the ballot in relation to a proposed agreement, and the Respondent did not object to the application. Consequently, the Deputy President determined the matter based on the provided documentation, without holding a hearing.

The central legal issue for the Deputy President to resolve was whether the conditions for a protected action ballot, as outlined in section 443(1) of the Act, were satisfied. Specifically, the Deputy President had to consider whether there was a notification time in relation to the proposed agreement and whether the Applicant had genuinely attempted to reach an agreement with the Respondent.

The Deputy President concluded that the requirements for a protected action ballot were met, based on the declaration of Mr David Nuns of the Applicant, which detailed the steps taken by the union in bargaining with the Respondent and demonstrated the Applicant's genuine efforts to reach an agreement. As a result, the Deputy President issued an order permitting the proposed ballot.

In addition to the primary decision, the Deputy President noted that a separate order had been issued in PR742838. This further highlights the Fair Work Commission's role in facilitating the resolution of workplace disputes and ensuring that the legal rights and obligations of employers and employees are upheld.

Australian Municipal, Administrative, Clerical and Services Union v Barwon Asset Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established