The Australian Workers' Union v Santos WA Energy Ltd Summary

[2022] FWC 1574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Santos WA Energy Ltd

(B2022/588)

VICE PRESIDENT CATANZARITI

SYDNEY, 21 JUNE 2022

Proposed protected action ballot of employees of Santos WA Energy 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 Santos WA Energy Ltd (Respondent).

On 21 June 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 Ross Kumeroa of the Applicant declared on 16 June 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 PR742876.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union filed an application under section 437 of the Fair Work Act 2009 seeking a protected action ballot order for specific employees of Santos WA Energy Ltd. The application was made due to the union's assertion that it had been genuinely trying to reach an agreement with the employer and that the required notification period had been met. The matter was brought before the Fair Work Commission, with Vice President Catanzariti presiding over the case in Sydney on 21 June 2022. Notably, Santos WA Energy Ltd did not oppose the application, leading the Commission to decide to determine the matter based on the submitted documentation without a hearing.

The legal issues at the heart of this case centred on whether the Australian Workers' Union had fulfilled the prerequisites for a protected action ballot, as stipulated in section 443(1) of the Fair Work Act 2009. This section outlines the conditions that must be met before a union can organise a ballot of its members to approve industrial action. Specifically, the court needed to ascertain whether the union had genuinely attempted to reach an agreement with the employer and whether the required notification period had elapsed.

In reaching its decision, the Fair Work Commission considered the statutory declaration of Ross Kumeroa of the Australian Workers' Union, which was submitted on 16 June 2022. The declaration detailed the steps taken by the union in bargaining with Santos WA Energy Ltd and confirmed that the union had been, and was, genuinely trying to reach an agreement. Additionally, the Commission found that the notification period required by the Act had been met. Consequently, Vice President Catanzariti was satisfied that all conditions for a protected action ballot order had been met.

The Fair Work Commission issued an order in response to the application, granting the Australian Workers' Union permission to proceed with a protected action ballot for the specified employees of Santos WA Energy Ltd. This decision underscores the importance of meeting the legal requirements when seeking to organise industrial action under the Fair Work Act 2009.

The Australian Workers' Union v Santos WA Energy Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established