Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Stanwell Corporation Limited Summary

[2022] FWC 1028

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

Stanwell Corporation Limited

(B2022/350)

VICE PRESIDENT CATANZARITI

SYDNEY, 4 MAY 2022

Proposed protected action ballot of employees of Stanwell Corporation 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 Stanwell Corporation Limited (Respondent).

On 3 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 Jason Young of the Applicant declared on 21 April 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 PR741224.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether to grant a protected action ballot order to the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia in relation to certain employees of Stanwell Corporation Limited. The application was made under section 437 of the Fair Work Act 2009 and the Commission was advised that the employer did not oppose the application. As a result, the matter was determined on the papers without a hearing. The Union had provided a statutory declaration by Jason Young, dated 21 April 2022, setting out the bargaining steps taken by the Union and confirming that it had been, and was, genuinely trying to reach an agreement with the employer. Based on the material before the Commission, including this declaration, it was satisfied that there was a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act had been met.

The legal issue for the Commission to decide was whether the Union had satisfied the requirements for a protected action ballot order under section 437 of the Fair Work Act 2009. The Act provides that a union can apply to the Fair Work Commission for a protected action ballot order if it has been, and is, genuinely trying to reach agreement with an employer and a notification time has been given. The Commission was required to consider the material before it, including the Union's statutory declaration, to determine whether these requirements had been met. If the requirements were met, the Commission was required to grant the order.

The Fair Work Commission found that the Union had satisfied the requirements for a protected action ballot order under section 437 of the Fair Work Act 2009. The Commission was satisfied that there was a notification time in relation to the proposed agreement and that the Union had been, and was, genuinely trying to reach agreement with the employer. As a result, the Commission granted the order and an Order was issued in PR741224.

The Fair Work Commission granted the Union's application for a protected action ballot order in relation to certain employees of Stanwell Corporation Limited. The Commission was satisfied that the Union had satisfied the requirements for such an order under section 437 of the Fair Work Act 2009. An Order was issued in PR741224.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established