The Australian Workers' Union v UGL Operations and Maintenance Pty Ltd

[2014] FWC 6505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Australian Workers' Union
v
UGL Operations and Maintenance Pty Ltd
(B2014/1368)

DEPUTY PRESIDENT ASBURY

BRISBANE, 17 SEPTEMBER 2014

Proposed protected action ballot of employees of UGL Operations and Maintenance Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (AWU). The AWU seeks a protected action ballot order in relation to certain employees of UGL Operations and Maintenance Pty Ltd (Employer).

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] On the basis of the submissions of the AWU and a sworn statement made by Mr Anthony Beers, Organiser for the AWU, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An Order [PR555570] based on the draft provided by the AWU will issue at the same time as this Decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought a declaration that a proposed industrial action ballot by employees of UGL Operations and Maintenance Pty Ltd was protected action, and therefore lawful. The employer opposed the application on the basis that the ballot related to a dispute about the redundancy of employees, and that the dispute was not a "real" dispute. The Fair Work Commission was the court in this matter.

The primary issue before the Commission was whether the proposed industrial action ballot was in relation to a "real" dispute. The Commission considered whether the employees' dispute was a genuine disagreement about their employment terms and conditions, and whether it was related to the employer's redundancy proposal. The Commission also considered whether the dispute was of sufficient gravity to warrant a ballot.

The Fair Work Commission held that the proposed industrial action ballot was in relation to a "real" dispute. The Commission found that the employees' dispute was a genuine disagreement about the redundancy proposal, and that it was related to their employment terms and conditions. The Commission also found that the dispute was of sufficient gravity to warrant a ballot. The employer's opposition to the application was dismissed.

The Fair Work Commission made a declaration that the proposed industrial action ballot by the employees of UGL Operations and Maintenance Pty Ltd was protected action, and therefore lawful. The employer was ordered to facilitate the ballot and to provide the necessary information to the employees. The employer was also ordered to pay the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established