Australian Workers' Union v Bisalloy Steels Pty Ltd

[2023] FWC 1724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union

Bisalloy Steels Pty Ltd

(B2023/713)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 JULY 2023

Proposed protected action ballot of employees of Bisalloy Steels Pty Ltd

This is an application by the Australian Workers' Union (AWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Bisalloy Steels Pty Ltd (Bisalloy Steels or Respondent).

On 14 July 2023, the Commission 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 Ms Kate Druery, AWU Organiser, setting out the steps taken by the AWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with Bisalloy Steels, 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 the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (14 July 2023) has been established by this Commission.[1]

An order has been separately issued in PR764249.

This matter will be assigned to another Member of the Commission to conduct the s.448A conference in conjunction with related matter B2023/709. The Member will issue the Order requiring attendance 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

[1] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) made an application to the Fair Work Commission for a protected action ballot order concerning certain employees of Bisalloy Steels Pty Ltd. This application was made under section 437 of the Fair Work Act 2009. The Fair Work Commission considered the application on the papers, as Bisalloy Steels Pty Ltd did not object to the application. The Commission was satisfied that the AWU had been genuinely trying to reach an agreement with Bisalloy Steels and that all requirements under section 443(1) of the Act had been met.

The Fair Work Commission examined the declaration of Ms Kate Druery, AWU Organiser, which outlined the steps taken by the AWU in bargaining with Bisalloy Steels. The Commission determined that there was a notification time in relation to the proposed agreement and that all the necessary requirements were fulfilled. The ballot was to be conducted by the Australian Electoral Commission, with a ballot period of 30 working days from the date of the order (14 July 2023). The Commission also issued an order in PR764249 and assigned the matter to another Member of the Commission to conduct the section 448A conference in conjunction with a related matter, B2023/709. The Member will issue the order requiring attendance at the conference and likely issue directions to ensure that the parties attend the conference ready to conduct meaningful negotiations.

The Fair Work Commission issued an order for the protected action ballot to proceed as requested by the AWU. The ballot will be conducted by the Australian Electoral Commission, and the ballot period is set at 30 working days from the date of the order (14 July 2023). The Commission also assigned the matter to another Member to conduct the section 448A conference and issued an order in PR764249. This decision allows the AWU and Bisalloy Steels Pty Ltd to proceed with the ballot process and continue negotiations in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established