Australian Workers' Union v Commonwealth Steel Company Pty Limited T/A Molycop

[2024] FWC 2833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Commonwealth Steel Company Pty Limited T/A Molycop

(B2024/1325)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 OCTOBER 2024

Proposed protected action ballot of employees of Commonwealth Steel Company Pty Limited T/A Molycop

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 Commonwealth Steel Company Pty Limited T/A Molycop (Molycop or Employer).

On 11 October 2024, the Commission was advised that the Employer, in effect, 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 Ben Horan, Organiser, 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 Molycop, 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 1 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR780145.

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

[1] This is, in effect, fifteen (15) working days from the date of the Order, as sought in the application

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) has made an application under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Commonwealth Steel Company Pty Limited T/A Molycop. The Fair Work Commission was asked to decide whether the AWU met the statutory requirements for a protected action ballot, including the need for good faith negotiations and the appropriate timing for the ballot. The employer, Molycop, did not object to the application, and the matter was decided on the papers without a hearing.

The Commission had to determine whether the AWU had satisfied the conditions set out in section 443 of the Act, which include a notification period for the proposed agreement and evidence of good faith bargaining efforts. The declaration from Ben Horan, an organiser for the AWU, was provided and demonstrated the union's efforts to reach an agreement with Molycop. The Commission was satisfied that the union had fulfilled the requirements for the ballot. Additionally, Democratic Outcomes Pty Ltd was approved to conduct the ballot, meeting the criteria under section 468A of the Act.

The Deputy President established 1 November 2024 as the closing date for the ballot, which also serves as the ballot period under section 448A(2) of the Act. The matter will be assigned to another member of the Commission for a compulsory conciliation conference, where both parties will be required to attend and engage in meaningful negotiations. This decision ensures the process proceeds with the necessary procedural safeguards in place to facilitate a fair and effective outcome.

This decision was issued as an Order, and the matter will be managed by another member of the Commission to conduct the compulsory conciliation conference. The specific details of the Order and any further directions will be communicated to the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established