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

[2022] FWC 1830

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

Icon Water Limited

(B2022/667)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 JULY 2022

Proposed protected action ballot of employees of Icon Water Limited

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 Icon Water Limited (Respondent).

On 12 July 2022, the Fair Work Commission was advised that the Respondent did not oppose 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 Matthew McCann of the Applicant declared on 7 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 PR743709.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to conduct a protected action ballot for certain employees of Icon Water Limited. The application was made under section 437 of the Fair Work Act 2009, seeking authorisation for the ballot as a means to facilitate negotiations with the employer. The employer did not oppose the application, leading the Commission to determine the matter based on the written submissions without a formal hearing.

The legal issues before the Commission involved determining whether the union had fulfilled the necessary criteria for a protected action ballot, including the requirement to genuinely attempt to negotiate an agreement with the employer prior to the ballot. The Commission needed to assess whether the union had followed proper procedures and whether there was sufficient justification for the proposed industrial action, as stipulated by the Fair Work Act.

The Vice President found that the union had indeed made genuine efforts to reach an agreement with the employer, as evidenced by the statutory declaration provided by Matthew McCann of the union. This declaration outlined the steps taken during the bargaining process, satisfying the Commission that the union had met the necessary requirements. The Vice President was also satisfied that the statutory notification period for the proposed agreement had been met, aligning with the conditions set forth in section 443(1) of the Fair Work Act.

Consequently, the Fair Work Commission authorised the union to conduct the protected action ballot for the employees of Icon Water Limited. This decision allows the union to proceed with the ballot to gauge employee sentiment and potentially strengthen their bargaining position in ongoing negotiations with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established