Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v South32 Worsley Alumina Pty Ltd Summary

[2022] FWC 1324

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

South32 Worsley Alumina Pty Ltd

(B2022/475)

VICE PRESIDENT CATANZARITI

SYDNEY, 27 MAY 2022

Proposed protected action ballot of employees of South32 Worsley Alumina 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 South32 Worsley Alumina Pty Ltd (Respondent).

On 25 May 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 Adam Samuel Woodage of the Applicant declared on 20 May 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 PR742056.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought a protected action ballot order in relation to certain employees of South32 Worsley Alumina Pty Ltd. The matter was brought under section 437 of the Fair Work Act 2009. The Commission determined the case on the papers without a hearing, as the respondent did not oppose the application.

The legal issues in this case revolved around whether the union had genuinely tried to reach an agreement with the employer, and if the requirements under section 443(1) of the Act had been met. The union submitted a statutory declaration from Adam Samuel Woodage, outlining the steps taken in bargaining with the employer and confirming their efforts to reach an agreement. The Commission considered this material, along with other submissions, to decide on the matter.

The Fair Work Commission, after reviewing the material presented, was satisfied that the union had genuinely attempted to reach an agreement with the employer and that the requirements of section 443(1) of the Act had been fulfilled. The Commission granted the application for a protected action ballot order.

As a result of the Commission's decision, an Order has been separately issued in PR742056. The union is now permitted to proceed with the protected action ballot for the specified employees of South32 Worsley Alumina Pty Ltd.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v South32 Worsley Alumina Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established