Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Lamb (Colac) Pty Ltd

Case [2023] FWC 458


[2023] FWC 458

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

Australian Lamb (Colac) Pty Ltd

(B2023/166)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 23 FEBRUARY 2023

Proposed protected action ballot of employees of Australian Lamb (Colac) Pty Ltd

  1. 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 (Act) for a protected action ballot order in relation to certain employees of Australian Lamb (Colac) Pty Ltd (Respondent).

  1. On 23 February 2023, my Associate was advised that the Respondent did not object to the application.

  1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

  1. On the basis of the material before me, including the declaration of Ms Chelsea Hill of the Applicant 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.

  1. An order has been separately issued in PR751128.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR751127>

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Lamb (Colac) Pty Ltd [2023] FWC 458
Case
[2023] FWC 458
Decision Date

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking a protected action ballot order concerning employees of Australian Lamb (Colac) Pty Ltd. The union aimed to conduct a ballot to determine if the employees would support protected industrial action. The respondent company did not object to the application, and the Deputy President Clancy decided to determine the matter on the submitted documents without a hearing.

The central legal issues in this case involved determining whether the union had genuinely attempted to negotiate with the employer and if the statutory notification period for the proposed agreement had been met. The union was required to demonstrate its efforts to reach an agreement and satisfy the prerequisites outlined in section 443(1) of the Fair Work Act 2009.

Upon reviewing the declaration by Ms. Chelsea Hill from the union, outlining the negotiation process and the union's genuine attempts to reach an agreement, the Deputy President was satisfied that the union had met the legal requirements. The notification time for the proposed agreement had also been met, fulfilling the conditions for the protected action ballot. Consequently, the court granted the union's application for the ballot order.

In light of the decision, an order was separately issued in PR751128, permitting the union to proceed with the protected action ballot among the employees of Australian Lamb (Colac) Pty Ltd. This order enables the union to gauge the employees' support for potential industrial action in their negotiations with the employer.

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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