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

[2023] FWC 174

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

Spotless Facility Services Pty Ltd

(B2023/36)

VICE PRESIDENT CATANZARITI

SYDNEY, 20 JANUARY 2023

Proposed protected action ballot of employees of Spotless Facility 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 Spotless Facility Services Pty Ltd (Respondent).

On 19 January 2023, 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 David Mier of the Applicant declared on 18 January 2023, 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 PR749834.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has been asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") for an order allowing a ballot of employees of Spotless Facility Services Pty Ltd (the "Respondent"). The Applicant seeks the order under section 437 of the Fair Work Act 2009 (Cth) to facilitate protected action by its members. The application was made after the Applicant had engaged in negotiations with the Respondent and, despite these efforts, was unable to reach an agreement on the terms of employment for the employees in question. The Respondent did not oppose the application.

The central issue before the Fair Work Commission was whether the conditions specified in section 437 of the Act were satisfied. Specifically, the Commission needed to determine if the notification time for the proposed agreement had elapsed and if the Applicant had genuinely attempted to reach an agreement with the Respondent. The Commission considered the statutory declaration provided by David Mier of the Applicant, which outlined the bargaining process and affirmed the Applicant's genuine attempts to reach an agreement. The Commission was satisfied that the statutory preconditions for the application had been met.

Upon reviewing the material presented, including the statutory declaration by David Mier and the absence of opposition from the Respondent, the Fair Work Commission determined that the conditions for granting the order were fulfilled. The Commission noted that the Applicant had met the notification time requirements and had genuinely endeavoured to reach an agreement with the Respondent. Consequently, the Commission decided to grant the application and issue an order permitting the Applicant to proceed with the ballot of employees. The decision was made on the papers without the need for a hearing, reflecting the straightforward nature of the application and the unopposed stance of the Respondent.

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