Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v ARA Electrical Engineering Services Pty Ltd Summary

[2022] FWC 1850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

ARA Electrical Engineering Services Pty Ltd

(B2022/680)

VICE PRESIDENT CATANZARITI

SYDNEY, 15 JULY 2022

Proposed protected action ballot of employees of ARA Electrical Engineering Services Pty Ltd

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of ARA Electrical Engineering Services Pty Ltd (Respondent).

On 14 July 2022, the Fair Work Commission was advised that the Respondent neither consented nor objected 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 statutory declaration of Stewart Edward of the Applicant declared on 13 July 2022, setting out the steps taken by it in bargaining with the Respondent and 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 s.443(1) of the Act have been met.

An Order has been separately issued in PR743803.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus ARA Electrical Engineering Services Pty Ltd was heard by the Fair Work Commission, where the Union sought a protected action ballot order in relation to certain employees of ARA Electrical Engineering Services Pty Ltd. The Union claimed that they had been genuinely trying to reach agreement with the Respondent in relation to a proposed agreement and had met the notification time. The Respondent neither consented nor objected to the application. The matter was determined by the Fair Work Commission on the papers without holding a hearing.

The legal issue that the Fair Work Commission was required to decide was whether the Union had met the requirements of section 437 of the Fair Work Act 2009 (Cth) to hold a protected action ballot. The Union argued that they had been genuinely trying to reach agreement with the Respondent and had met the notification time. The Respondent did not object to the application. The Commission had to consider the evidence provided by the Union and decide whether the requirements of the Act had been met.

The Fair Work Commission was satisfied that the Union had met the requirements of section 437 of the Act. The Commission found that the Union had provided evidence of the steps taken in bargaining with the Respondent and that they had been genuinely trying to reach agreement. The Commission also found that the notification time in relation to the proposed agreement had been met. As a result, the Commission decided to grant the Union's application for a protected action ballot order.

The Fair Work Commission issued an Order granting the Union's application for a protected action ballot order. The Commission found that the Union had met the requirements of section 437 of the Act and that the notification time in relation to the proposed agreement had been met. The Order was issued in PR743803.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v ARA Electrical Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established