| [2024] FWC 2261 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Australian Workers’ Union, The
v
WesTrac Pty Ltd
(B2024/1057)
| DEPUTY PRESIDENT DEAN | CANBERRA, 23 AUGUST 2024 |
Proposed protected action ballot of employees of WesTrack Pty Ltd.
This is an application by the Australian Workers’ Union (AWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of WesTrac Pty Ltd (WesTrac or Employer).
The Respondent initially advised the Commission that it opposed the application. Following a conference conducted on 22 August 2024, the parties reached a consent position which is reflected in draft orders provided to the Commission by the parties.
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 John Boyd, Senior Vice President, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with WesTrac, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.
The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.
For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 12 September 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR778578.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR778577>
- AGLC
- Australian Workers' Union, The v WesTrac Pty Ltd [2024] FWC 2261
- Case
- [2024] FWC 2261
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved whether the AWU had met the requirements under section 443(1) of the Act to conduct a protected action ballot. This includes verifying that the union had genuinely attempted to reach an agreement with WesTrac and establishing the notification time for the proposed agreement. The AWU's declaration, provided by John Boyd, Senior Vice President, outlined the steps taken during the bargaining process and affirmed the union's genuine efforts. Additionally, the court needed to confirm the authority of Democratic Outcomes Pty Ltd (CiVS) as an eligible ballot agent under section 468A of the Act.
The Deputy President, Dean, found that the AWU had satisfied all the requirements under section 443(1) of the Act, given the evidence presented. The court also determined that the voting period for the ballot would close on 12 September 2024, setting the ballot period under section 448A(2) of the Act. An order was issued in PR778578, and the matter was assigned to another Member of the Commission for a compulsory conciliation conference under section 448A. The court issued directions for the parties to attend the conference prepared for meaningful negotiations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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