The Association of Professional Engineers, Scientists and Managers, Australia v ICON Water Limited T/A ICON Water Summary

[2022] FWC 1943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Association of Professional Engineers, Scientists and Managers, Australia
v

ICON Water Limited T/A ICON Water

(B2022/1120)

VICE PRESIDENT CATANZARITI

SYDNEY, 22 JULY 2022

Proposed protected action ballot of employees of ICON Water Limited T/A ICON Water

This is an application by the Association of Professional Engineers, Scientists and Managers, 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 ICON Water Limited T/A ICON Water (Respondent).

On 21 July 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 Daniel Edward Willard Griffin of the Applicant declared on 20 July 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 PR744096.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has ruled on a case involving the Association of Professional Engineers, Scientists and Managers, Australia and ICON Water Limited, which operates under the name ICON Water. The association applied for a protected action ballot order concerning certain employees of ICON Water, as per section 437 of the Fair Work Act 2009. The application was made to facilitate a ballot for potential protected actions by the employees. Notably, ICON Water did not oppose the application, prompting the Commission to decide the matter based on the documents submitted, without the need for a hearing.

The central legal issue before the Commission was whether the conditions for a protected action ballot were met. The applicant needed to demonstrate that it had been genuinely attempting to reach an agreement with ICON Water and that there was a notification period for the proposed agreement, in line with section 443(1) of the Fair Work Act. The Commission had to ascertain if the statutory requirements were fulfilled based on the evidence provided.

In rendering its decision, the Commission examined the statutory declaration submitted by Daniel Edward Willard Griffin of the applicant, dated 20 July 2022. The declaration outlined the steps taken in bargaining with ICON Water and confirmed that the association had been genuinely trying to reach an agreement. Given this evidence, the Commission was satisfied that the notification period for the proposed agreement had been met, and the statutory requirements were met. Consequently, the Commission approved the application for a protected action ballot.

The Fair Work Commission issued an order permitting the ballot for the proposed protected action. This decision allows the employees of ICON Water, represented by the Association of Professional Engineers, Scientists and Managers, Australia, to proceed with the ballot as part of their efforts to reach a bargaining agreement. The Commission's ruling was based on the applicant's demonstration of genuine bargaining efforts and compliance with the notification requirements under the Fair Work Act.

The Association of Professional Engineers, Scientists and Managers, Australia v ICON Water Limited T/A ICON Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established