The Australian Workers' Union v Cleanaway Operations Pty Ltd Summary

[2022] FWC 2622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Cleanaway Operations Pty Ltd

(B2022/1456)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 SEPTEMBER 2022

Proposed protected action ballot of employees of Cleanaway Operations 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 Cleanaway Operations Pty Ltd (Respondent).

The Respondent neither opposed nor consented 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 statutory declaration of Daniel McCaig of the Applicant declared on 23 September 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 PR746311.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) applied to the Fair Work Commission for a protected action ballot order concerning certain employees of Cleanaway Operations Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. Cleanaway Operations Pty Ltd did not oppose or consent to the application. The matter was decided on the papers without a hearing.

The legal issues before the Court were whether the AWU had taken the necessary steps to bargain in good faith with Cleanaway Operations Pty Ltd and whether the requirements of section 443(1) of the Act had been met. The Court found that the AWU had genuinely attempted to reach an agreement with Cleanaway Operations Pty Ltd and that the notification time for the proposed agreement had been met.

Based on the evidence presented, the Court was satisfied that the AWU had met the requirements of the Act and granted the protected action ballot order. The Court found that the AWU had been in good faith in its bargaining with Cleanaway Operations Pty Ltd and that the requirements of section 443(1) of the Act had been met. The Court noted that the AWU had provided a statutory declaration setting out the steps taken in bargaining with Cleanaway Operations Pty Ltd, which demonstrated its good faith efforts.

The Court issued an Order separately in PR746311, granting the AWU's application for a protected action ballot order. The Court's decision is a reminder of the importance of good faith bargaining and the need for employers and unions to work together to reach agreement on workplace issues.

The Australian Workers' Union v Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established