Mining and Energy Union v Viva Energy Australia Pty Ltd Summary

[2024] FWC 1771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Mining and Energy Union
v

Viva Energy Australia Pty Ltd

(B2024/847)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 JULY 2024

Proposed protected action ballot of employees of Viva Energy Australia Pty Ltd

This is an application by the Mining and Energy Union (MEU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Viva Energy Australia Pty Ltd (Viva or Employer).

On 5 July 2024, the Commission was advised that the Employer 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 Michael Taggart, District Vice President, setting out the steps taken by the MEU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 19 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR776740.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order and was the period sought in the application and meets the requirements of the AEC.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked by the Mining and Energy Union (MEU) to allow a vote for certain workers of Viva Energy Australia Pty Ltd (Viva). The MEU wanted the vote to be about a new agreement with the company. Viva did not say no to this request. So, the Commission decided to look at the papers without a hearing. The Commission was happy that the MEU had tried to reach an agreement with Viva. They also found that all the rules were followed for this kind of vote.

The Commission decided to let the Australian Electoral Commission handle the vote. They also set a date for when the voting must be done. This date is 19 August 2024, which is 30 working days after the Commission's decision. This decision will also help set up another meeting where the company and the union will try to talk and make a new agreement.

In this case, the Commission has decided to allow the vote to go ahead and has set a date for when it must be completed. The Australian Electoral Commission will manage the vote, and another meeting will be set up for the union and the company to discuss and hopefully agree on a new contract. This decision was made based on the information provided and the fact that Viva did not object to the MEU's request.

Mining and Energy Union v Viva Energy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established