Australian Workers' Union v Innovative Asset Solutions Pty Ltd Summary

[2024] FWC 1350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Innovative Asset Solutions Pty Ltd

(B2024/567)

DEPUTY PRESIDENT BINET

PERTH, 22 MAY 2024

Proposed protected action ballot of employees of Innovative Asset Solutions 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 Innovative Asset Solutions Pty Ltd (IAS or Employer).

On 22 May 2024, the Commission was advised that the Employer 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 Ross Kumeroa, 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 IAS, 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 5 June 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 PR775272.

This matter will be listed for a s.448A compulsory conciliation conference. My Chambers will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. 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, ten (10) 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) lodged an application with the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009, seeking an order for a protected action ballot to be held among certain employees of Innovative Asset Solutions Pty Ltd (IAS). The application was brought without objection from the employer, leading the FWC to determine the matter based on the submitted documents. The union's application for the ballot followed unsuccessful bargaining efforts, as evidenced by the declaration of Ross Kumeroa, an Organiser for the AWU, who confirmed that the union had genuinely attempted to reach an agreement with IAS.

The central legal issue before the FWC was whether the AWU had fulfilled the statutory requirements for conducting a protected action ballot, including the notification period and adherence to section 443(1) of the Act. Given the absence of objections from IAS and the satisfactory evidence presented by the AWU, the FWC found that the union had met all necessary conditions for the ballot. Furthermore, the FWC appointed Democratic Outcomes Pty Ltd (CiVS) as the authorised ballot agent, ensuring the ballot would be conducted in compliance with the Act.

The FWC concluded that the AWU had genuinely attempted to reach an agreement with IAS and that the statutory requirements for a protected action ballot were met. Consequently, the FWC issued an order allowing the ballot to proceed, with voting to close on 5 June 2024. This decision also set the stage for a compulsory conciliation conference under section 448A of the Act, where meaningful negotiations between the parties were expected. This conference aimed to resolve the underlying issues before any protected action could be taken.

In summary, the FWC granted the AWU's application for a protected action ballot, setting the closing date for voting as 5 June 2024. This decision also mandated a compulsory conciliation conference to facilitate negotiations between the parties. Directions were issued to ensure that all bargaining representatives attended the conference prepared to engage in meaningful discussions.

Australian Workers' Union v Innovative 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