Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Resources (Contracting) Pty Ltd Summary

[2022] FWC 2954

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

UGL Resources (Contracting) Pty Ltd

(B2022/1666)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 NOVEMBER 2022

Proposed protected action ballot of employees of UGL Resources (Contracting) 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 UGL Resources (Contracting) Pty Ltd (Respondent).

On 7 November 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 Damian Clancey of the Applicant declared on 3 November 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 PR747693.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking a protected action ballot order concerning employees of UGL Resources (Contracting) Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, and the proceedings were identified as B2022/1666. The Vice President Catanzariti presided over the matter in Sydney on 7 November 2022. The union aimed to conduct a ballot for protected industrial action, and the respondent company did not oppose the application.

The primary legal issue for the Commission was whether the union had met the prerequisites for a protected action ballot under section 437 of the Fair Work Act. Specifically, the Commission had to determine if the union had genuinely attempted to reach an agreement with the employer and if the statutory notification period had been observed. The union provided a statutory declaration by Damian Clancey, asserting the union's good faith efforts in bargaining and the adherence to the notification requirements as stipulated in section 443(1) of the Act.

After reviewing the materials submitted, including the statutory declaration from the union, the Vice President Catanzariti concluded that the union had indeed been genuinely attempting to reach an agreement with the employer and that the statutory notification period had been observed. Consequently, the Commission was satisfied that the union had fulfilled the necessary conditions to proceed with the ballot for protected industrial action. An order was issued in PR747693, approving the union's application for the ballot.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Resources (Contracting) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established