Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Trojan Workforce No 3 Pty Ltd T/A Trojan Recruitment

[2023] FWC 461

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

Trojan Workforce No 3 Pty Ltd T/A Trojan Recruitment

(B2023/169)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 24 FEBRUARY 2023

Proposed protected action ballot of employees of Trojan Workforce No 3 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 Trojan Workforce No 3 Pty Ltd T/A Trojan Recruitment (Respondent).

On 24 February 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 Ms Chelsea Hill 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 PR751145.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) could proceed with a protected action ballot among certain employees of Trojan Workforce No 3 Pty Ltd T/A Trojan Recruitment (Respondent). This application was made under section 437 of the Fair Work Act 2009. The Respondent did not object to the application, and the matter was determined on the papers without a hearing. The Applicant's declaration by Ms Chelsea Hill outlined the steps taken during bargaining with the Respondent and the union's genuine efforts to reach an agreement.

The legal issues before the court involved whether the union had genuinely attempted to reach an agreement with the employer and whether the requirements in section 443(1) of the Act were met. The court had to assess whether the union had taken sufficient steps to negotiate in good faith and if the necessary notification time had elapsed for the proposed agreement. The court also needed to consider if the union's application was in accordance with the provisions of the Act.

The court found that the union had genuinely attempted to reach an agreement with the employer and that the notification time in relation to the proposed agreement had elapsed. Furthermore, the requirements in section 443(1) of the Act were met. Based on the material presented, the court was satisfied that the union had fulfilled its obligations and that the application for a protected action ballot order was justified. Consequently, the court decided to grant the union's application.

The court issued an order in PR751145, allowing the union to proceed with the protected action ballot among the employees of Trojan Workforce No 3 Pty Ltd T/A Trojan Recruitment. The union's application was granted based on the evidence presented and the court's findings that the union had genuinely attempted to reach an agreement with the employer, the notification time had elapsed, and the requirements of the Act were met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established