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

[2022] FWC 607

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

Wood Australia Pty Ltd

(B2022/193)

VICE PRESIDENT CATANZARITI

SYDNEY, 18 MARCH 2022

Proposed protected action ballot of employees of Wood Australia 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 Wood Australia Pty Ltd (Respondent).

On 15 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 James Little of the Applicant declared on 10 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 PR739441.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking an order for a protected action ballot concerning employees of Wood Australia Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, and the matter was decided without a hearing as the respondent did not oppose the application. The union argued that it had been genuinely attempting to reach an agreement with the employer and that the statutory notification time for the proposed agreement had been met.

The central legal issue for the Commission to decide was whether the union had met the requirements of section 443(1) of the Fair Work Act, which sets out the conditions for a protected action ballot. The union's declaration, made by James Little, stated that the union had been genuinely trying to reach an agreement with the employer, and that the notification time for the proposed agreement had been met. The Commission needed to determine if the union's actions and declarations were sufficient to meet the requirements of the Act.

The Vice President of the Commission, Catanzariti, was satisfied that the union had met the requirements of section 443(1) of the Fair Work Act. The Vice President noted that the employer did not oppose the application and that the union's statutory declaration, along with the other material before the Commission, established that the union had been genuinely attempting to reach an agreement with the employer. The Vice President also found that the notification time for the proposed agreement had been met. As a result, the Vice President decided to grant the union's application for a protected action ballot order.

The Fair Work Commission issued an order for a protected action ballot concerning the employees of Wood Australia Pty Ltd. The order was made under section 437 of the Fair Work Act, and the Vice President found that the union had met the requirements of section 443(1) of the Act. The employer did not oppose the application, and the Vice President was satisfied that the union had been genuinely attempting to reach an agreement with the employer and that the notification time for the proposed agreement had been met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established