Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Solutions Pty Ltd

[2022] FWC 531

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 Solutions Pty Ltd

(B2022/155)

VICE PRESIDENT CATANZARITI

SYDNEY, 10 MARCH 2022

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

On 7 March 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 Stephen Bravo of the Applicant declared on 3 March 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 PR739174.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by UGL Solutions Pty Ltd, applied to the Fair Work Commission for a protected action ballot order. The application was made under section 437 of the Fair Work Act 2009. The union sought to hold a ballot to authorize protected industrial action, which typically includes strike action, in the context of negotiations with the employer. UGL Solutions Pty Ltd did not oppose the application, and the matter was determined on the papers without a hearing.

The key legal issue for the Vice President to decide was whether the union had satisfied the statutory requirements for holding a protected action ballot. Specifically, the union needed to demonstrate that it had genuinely attempted to reach an agreement with the employer and that a notification period had elapsed, as required by section 443(1) of the Act. The union had to provide evidence that it had been negotiating in good faith and that the necessary time had passed for the proposed agreement.

The Vice President was satisfied that the union had met the statutory requirements based on the material provided, including a statutory declaration from Stephen Bravo of the union. The declaration detailed the union's efforts in bargaining with the employer and confirmed that the union had been genuinely trying to reach an agreement. Additionally, the union provided evidence that the notification period had elapsed as required by the Act. Consequently, the Vice President granted the union's application for a protected action ballot order.

The Vice President issued an order permitting the union to proceed with the ballot to authorize protected industrial action. This decision ensures that the union can move forward with its planned ballot, subject to the legal protections and requirements set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established