The Australian Workers' Union v Coregas Pty Ltd

[2023] FWC 2879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Coregas Pty Ltd

(B2023/1200)

COMMISSIONER MCKINNON

SYDNEY, 2 NOVEMBER 2023

Proposed protected action ballot of employees of Coregas Pty Ltd

The Australian Workers’ Union (AWU) has applied under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Coregas Pty Ltd (Coregas). The notification time in relation to the proposed agreement was 1 August 2023.

On 2 November 2023, Coregas advised the Commission that it did not object 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 declaration of Mr Chris Newbold of the AWU and the information provided at conference today, I am satisfied that the AWU has been, and is, genuinely trying to reach an agreement with Coregas.

Accordingly, a protected action ballot order must issue. The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, the date by which voting is to close is 14 December 2023.[1] The ballot order (PR767843) and Directions for a compulsory conciliation conference under s.448A of the Act will issue separately.

COMMISSIONER

[1] 30 working days from the making of the Order.

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 Coregas Pty Ltd (Coregas). The application was made under section 437 of the Fair Work Act 2009. The proposed agreement notification date was 1 August 2023. Coregas did not object to the application, and the matter was determined by the Commission on the papers without a hearing.

The central legal issue before the Commission was whether the AWU had genuinely been attempting to reach an agreement with Coregas. If the Commission was satisfied with the union's efforts, a protected action ballot order would be issued. The AWU provided a declaration from Mr Chris Newbold and additional information during a conference, which were considered by the Commission in determining the application.

The Commissioner, McKinnon, was satisfied that the AWU had been genuinely attempting to reach an agreement with Coregas. The Commissioner concluded that a protected action ballot order was necessary. The ballot was to be conducted by the Australian Electoral Commission, and the voting was to close by 14 December 2023. The decision noted that the ballot order and the compulsory conciliation conference directions would be issued separately.

This decision underscores the Fair Work Commission’s role in facilitating negotiations and ensuring that the process for a protected action ballot is followed correctly, thereby protecting the rights of both employers and employees under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established