Transport Workers' Union of Australia v Origin Energy Limited Summary

[2022] FWC 2225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Origin Energy Limited

(B2022/1244)

VICE PRESIDENT CATANZARITI

SYDNEY, 22 AUGUST 2022

Proposed protected action ballot of employees of Origin Energy Limited

This is an application by the Transport Workers’ Union of Australia (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 18 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 Tom Pfund of the Applicant declared on 17 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 PR745022.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia (Applicant) sought a protected action ballot order from the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009 (Cth) in relation to certain employees of Origin Energy Limited (Respondent). Origin Energy did not oppose the application, and the matter was determined on the papers without a hearing. The applicant needed to demonstrate that it had genuinely attempted to reach an agreement with the respondent and that a notification period was in place, as required by section 443(1) of the Act.

The legal issues before the FWC were whether the applicant had genuinely tried to reach an agreement with the respondent and whether the notification period for the proposed agreement had been met. The applicant submitted a statutory declaration from Tom Pfund, outlining the steps taken in bargaining with the respondent and asserting that the union had been genuinely trying to reach an agreement. The FWC was satisfied that the applicant met the requirements of section 443(1) of the Act based on the material before it.

The FWC Vice President Catanzariti concluded that the applicant had genuinely attempted to reach an agreement with the respondent and that a notification period was in place. Consequently, the FWC granted the applicant's application for a protected action ballot order. The decision was made based on the material before the FWC, including the statutory declaration of Tom Pfund, which satisfied the requirements of section 443(1) of the Act. An Order was issued in PR745022, and the matter was finalised without a hearing.

The final order was issued in PR745022, granting the applicant's application for a protected action ballot order in relation to certain employees of Origin Energy Limited. The decision was based on the material before the FWC, including the statutory declaration of Tom Pfund, which demonstrated that the applicant had genuinely attempted to reach an agreement with the respondent and that a notification period was in place.

Transport Workers' Union of Australia 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