The Association of Professional Engineers, Scientists and Managers, Australia v Stanwell Corporation Limited

[2022] FWC 1042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

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

Stanwell Corporation Limited

(B2022/353)

VICE PRESIDENT CATANZARITI

MELBOURNE, 9 MAY 2022

Proposed protected action ballot of employees of Stanwell Corporation Limited

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 Stanwell Corporation Limited (Respondent).

On 3 May 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 Thomas Whibley of the Applicant declared on 22 April 2021, 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 PR741265.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia, acting on behalf of its members employed by Stanwell Corporation Limited, 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, which allows unions to apply for a ballot to authorise protected industrial action. The dispute arose due to ongoing negotiations between the Association and Stanwell Corporation Limited, which had reached an impasse. The Association sought to organise its members to take protected industrial action to address the unresolved issues.

The primary legal issue the Fair Work Commission had to determine was whether the Association met the statutory requirements to hold a ballot for protected action. Specifically, the Commission needed to assess if the Association had genuinely tried to reach an agreement with Stanwell Corporation Limited and if the notification period required by section 443(1) of the Act was met. Additionally, the Commission had to consider whether the application was made in good faith and whether the proposed action was related to the terms and conditions of employment.

The Fair Work Commission, Vice President Catanzariti, found that the Association had genuinely attempted to negotiate with Stanwell Corporation Limited and had met the notification period requirements. Based on the material presented, including a statutory declaration by Thomas Whibley of the Association, the Commission was satisfied that the application complied with the necessary criteria. Consequently, the Commission decided to grant the application without the need for a hearing, as Stanwell Corporation Limited did not oppose the application. An order was issued to allow the Association to proceed with the ballot for protected industrial action.

The Fair Work Commission issued an order permitting the Association of Professional Engineers, Scientists and Managers, Australia to conduct a ballot for protected action among its members employed by Stanwell Corporation Limited. This decision enabled the Association to take the necessary steps to organise its members for potential industrial action, as authorised by the Fair Work Act 2009. The order was issued separately under reference number PR741265, and the Commission's decision was documented and printed by authority of the Commonwealth Government Printer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established