The Australian Workers' Union v Allnex Resins Australian Pty Ltd

[2022] FWC 3279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Allnex Resins Australian Pty Ltd

(B2022/1821)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 DECEMBER 2022

Proposed protected action ballot of employees of Allnex Resins Australian Pty Ltd

This is an application by the Australian Workers’ Union (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 Allnex Resins Australian Pty Ltd (Respondent).

On 12 December 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 Ian Morley of the Applicant declared on 8 December 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 PR748871.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from the Australian Workers' Union under section 437 of the Fair Work Act 2009. The union sought an order for a protected action ballot in relation to employees of Allnex Resins Australian Pty Ltd. The respondent did not oppose the application. The case was determined on the papers, without the need for a hearing. The union's application was based on the assertion that they had been genuinely trying to reach an agreement with the respondent and had followed the necessary steps in bargaining. The Vice President was satisfied that the notification time in relation to the proposed agreement had been met and that the requirements under section 443(1) of the Act had been fulfilled.

The legal issues before the court centred on whether the Australian Workers' Union had genuinely attempted to reach an agreement with Allnex Resins Australian Pty Ltd, and whether the notification time for the proposed agreement had been met. Additionally, the court needed to determine if the requirements under section 443(1) of the Fair Work Act 2009 had been satisfied. The union provided a statutory declaration by Ian Morley, which outlined the steps taken in bargaining with the respondent and the union's efforts to reach an agreement. Based on the information presented, the Vice President was satisfied that the union had genuinely attempted to reach an agreement and that the notification time had been met.

The Fair Work Commission concluded that the union had genuinely tried to reach an agreement with Allnex Resins Australian Pty Ltd and that the notification time for the proposed agreement had been met. The Vice President was also satisfied that the requirements under section 443(1) of the Fair Work Act 2009 had been fulfilled. Consequently, the court granted the union's application for a protected action ballot order in relation to the employees of Allnex Resins Australian Pty Ltd. The decision was based on the material presented, including the statutory declaration provided by the union. An order was separately issued in PR748871.

The court's decision was based on the evidence provided by the union and the absence of opposition from the respondent. The Vice President found that the union had genuinely attempted to reach an agreement with Allnex Resins Australian Pty Ltd and that the notification time for the proposed agreement had been met. Additionally, the court determined that the requirements under section 443(1) of the Fair Work Act 2009 had been satisfied. As a result, the union's application for a protected action ballot order was granted, allowing the employees to vote on the proposed agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established