The Australian Workers' Union v Bluescope Steel Limited T/A Bluescope Lysaght

The Australian Workers' Union sought a determination that it had majority support for the purposes of section 170CE(3)(a) of the Fair Work Act 2009, which permits the union to apply to the Fair Work Commission for an enterprise agreement. Bluescope Steel Limited opposed this, arguing that the union's ballot did not reflect majority support. The Australian Industrial Relations Commission was the tribunal that addressed this dispute.

The primary legal issue before the Commission was whether the union's ballot results demonstrated majority support among the relevant bargaining unit. The Commission needed to examine the union's processes and the validity of the ballot, considering the union's obligations under the Fair Work Act and the Australian Industrial Relations Commission's regulations. Specifically, the Commission needed to determine if the union had conducted the ballot in accordance with the Act and if the ballot results were a true reflection of the members' wishes.

In examining the union's ballot, the Commission determined that the union had not conducted the ballot in compliance with the Act. The union had not given the employer adequate notice of the ballot and had not provided sufficient information to the members, which was necessary for an informed decision. The Commission found that the union's failure to adhere to the statutory requirements invalidated the ballot. Consequently, the union could not demonstrate majority support, and its application for an enterprise agreement was dismissed.

The Commission ordered that the application for a majority support determination be dismissed and that the union pay Bluescope Steel Limited's costs of the proceedings. The union was also required to provide a written undertaking to Bluescope Steel Limited that it would not proceed with any further applications for an enterprise agreement without first obtaining majority support through a properly conducted ballot.