Australian Workers' Union, The v Vertech Group Pty Ltd

[2020] FWC 5537

[2020] FWC 5537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

Australian Workers' Union, The
v
Vertech Group Pty Ltd
(B2020/642)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 16 OCTOBER 2020

Proposed protected action ballot of employees of Vertech Group Pty Ltd

[1] This decision concerns an application lodged on 15 October 2020 by the Australian Workers’ Union (AWU or the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Vertech Group Pty Ltd (Vertech or the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether they had any objection to the application. On 16 October 2020 Vertech advised my Chambers that they consented to the order as drafted by the AWU subject to amendments, and provided details of the amendments sought. Shortly thereafter the AWU confirmed with Chambers that they agreed to the amendments.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Douglas Charles Heath of the AWU declared on 15 October 2020 setting out the steps taken by the Applicant in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] It is appropriate that the ballot questions make specific notations with respect to action concerning employees of Vertech Group Pty Ltd who are engaged to perform work at INPEX onshore oil and gas facilities. I note that these notations are agreed between the Respondent and the AWU.

[6] I am satisfied, in the current environment, that there are exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the FW Act being longer than three (3) days. I note that the AWU does not object to this request. The Commission specifies seven (7) working days as the period of written notice for protected industrial action.

[7] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[8] An order 1 in conformity with the FW Act is being issued in conjunction with this decision.

DEPUTY PRESIDENT

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