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

[2023] FWC 903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers' Union
v

UGL Operations and Maintenance (Services) Pty Ltd

(B2023/343)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 APRIL 2023

Proposed protected action ballot of employees of UGL Operations and Maintenance (Services) 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 UGL Operations and Maintenance (Services) Pty Ltd (Respondent).

On 17 April 2023, 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 Anthony Beers of the Applicant declared on 13 April 2023, 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 PR761153.

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 to conduct a protected action ballot for certain employees of UGL Operations and Maintenance (Services) Pty Ltd. The application was made on the basis of a dispute between the union and the respondent regarding an employment agreement. The Fair Work Commission was advised that the respondent did not oppose the application.

The primary legal issue before the Fair Work Commission was whether the conditions for a protected action ballot were satisfied. The Commission needed to determine if the union had genuinely attempted to reach an agreement with the respondent and if the notification period for the proposed agreement had been met. The application was decided on the basis of the written submissions and statutory declarations provided by the parties, without the need for a formal hearing.

The Fair Work Commission concluded that the union had genuinely attempted to reach an agreement with the respondent and that the notification period for the proposed agreement had been met. The Commission was satisfied that all requirements under section 443(1) of the Fair Work Act were fulfilled. Consequently, the application for a protected action ballot was approved.

An order has been issued in PR761153, authorising the Australian Workers' Union to proceed with the protected action ballot for the specified employees of UGL Operations and Maintenance (Services) Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established