Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Grange Resources (Tasmania) Pty Ltd T/A Grange Resources

[2023] FWC 1031

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

Grange Resources (Tasmania) Pty Ltd T/A Grange Resources

(B2023/395)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 2 MAY 2023

Proposed protected action ballot of employees of Grange Resources (Tasmania) 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 (Act) for a protected action ballot order in relation to certain employees of Grange Resources (Tasmania) Pty Ltd (Respondent).

On 2 May 2023, my Associate 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 Mr Chris Clark 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.

An order has been separately issued in
PR761543.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, made an application under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Grange Resources (Tasmania) Pty Ltd. The applicant sought the order in relation to certain employees of the respondent, Grange Resources (Tasmania) Pty Ltd, as part of ongoing negotiations. The respondent did not object to the application, which was subsequently determined by the Fair Work Commission.

The legal issue before the Commission was whether the applicant had met the requirements of section 437 of the Fair Work Act 2009 to hold a protected action ballot. Specifically, the Commission needed to determine whether the applicant had genuinely tried to reach agreement with the respondent and whether a notification time in relation to the proposed agreement existed. The applicant provided a declaration from Mr Chris Clark, which outlined the steps taken in bargaining with the respondent and demonstrated that the applicant had genuinely tried to reach agreement.

The Commission was satisfied that the applicant had met the requirements of section 437 of the Fair Work Act 2009. The Commission found that the applicant had genuinely tried to reach agreement with the respondent and that a notification time in relation to the proposed agreement existed. The Commission also found that the requirements in section 443(1) of the Act had been met. Accordingly, the Commission determined the matter on the papers without holding a hearing and issued an order in PR761543.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established