The Australian Workers' Union v Shell Australia FLNG Pty Ltd Summary

[2022] FWC 1644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Shell Australia FLNG Pty Ltd

(B2022/604)

VICE PRESIDENT CATANZARITI

SYDNEY, 27 JUNE 2022

Proposed protected action ballot of employees of Shell Australia FLNG 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 Shell Australia FLNG Pty Ltd (Respondent).

On 24 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 Douglas Charles Heath of the Applicant declared on 21 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 PR743092.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union filed an application with the Fair Work Commission under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for specific employees of Shell Australia FLNG Pty Ltd. The application was made in relation to a dispute between the Union and the Respondent concerning an agreement. Shell Australia FLNG Pty Ltd did not oppose the application. The Vice President of the Fair Work Commission, Catanzariti, determined the matter on the papers without the need for a hearing, given the Respondent's lack of opposition.

The legal issues before the Court were whether the notification time for the proposed agreement had been met and whether the requirements under section 443(1) of the Fair Work Act 2009 were satisfied. The Court had to examine the steps taken by the Australian Workers' Union in bargaining with Shell Australia FLNG Pty Ltd and determine if the Union had genuinely attempted to reach an agreement with the Respondent.

In reaching the decision, the Vice President considered the material before the Court, including the statutory declaration of Douglas Charles Heath of the Applicant. The Vice President found that there was a notification time in relation to the proposed agreement and that the requirements under section 443(1) of the Fair Work Act 2009 were met. Based on these findings, the Vice President determined that the application for a protected action ballot order should be granted.

As a result of the decision, an Order has been separately issued in PR743092. This decision allows the Australian Workers' Union to proceed with a protected action ballot for the specified employees of Shell Australia FLNG Pty Ltd.

The Australian Workers' Union v Shell Australia FLNG Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established