The Australian Workers' Union v Origin Energy Limited Summary

[2022] FWC 2117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Origin Energy Limited

(B2022/1195)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 AUGUST 2022

Proposed protected action ballot of employees of Origin Energy Limited

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 Origin Energy Limited (Respondent).

On 9 August 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 Darren Lee of the Applicant declared on 4 August 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 PR744647.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union (AWU) lodged an application against Origin Energy Limited (Origin) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for specific employees of Origin. The AWU sought to organise a ballot among the employees in an effort to engage in protected action due to unresolved workplace issues. Origin did not oppose the application, allowing the matter to proceed on the basis of written submissions without a hearing.

The primary legal issue before the Vice President was whether the AWU had satisfied the statutory requirements under the Fair Work Act to hold a protected action ballot. Specifically, it was necessary to determine whether the AWU had genuinely attempted to reach an agreement with Origin and if the notification period for the ballot had been appropriately observed. This involved examining the steps taken by the AWU in its bargaining process and ensuring compliance with the provisions outlined in section 443(1) of the Act.

Upon reviewing the evidence provided, including a statutory declaration from Darren Lee of the AWU, Vice President Catanzariti found that the AWU had indeed been genuinely attempting to reach an agreement with Origin. The Vice President was satisfied that the notification requirements had been met and that the AWU had followed the necessary procedures under the Act. Consequently, the application for a protected action ballot order was approved, allowing the AWU to proceed with organising the ballot among the specified employees of Origin.

The Fair Work Commission issued an order in PR744647, permitting the AWU to conduct the protected action ballot as requested. This decision underscores the importance of meeting the statutory requirements for protected action and highlights the Commission's role in facilitating fair bargaining processes between unions and employers.

The Australian Workers' Union v Origin Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established