United Firefighters' Union of Australia v Fire Rescue Victoria

[2025] FWC 1123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Firefighters’ Union of Australia
v

Fire Rescue Victoria

(B2025/652)

COMMISSIONER ALLISON

MELBOURNE, 23 APRIL 2025

Proposed protected action ballot of employees of Fire Rescue Victoria

This decision concerns an application made by the United Firefighters’ Union of Australia (UFU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Fire Rescue Victoria (FRV).

On 22 April 2025, FRV notified the Commission of several concerns it had with the application and the content of the proposed Order. I listed the application for Conference on 23 April 2025 to address these concerns.

During the Conference, the parties reached agreement to resolve a number of the concerns raised by FRV and FRV determined not to press any remaining matters.

In light of the parties’ respective positions and FRV’s withdrawal of their objections, I have decided to determine the matter on the papers without holding a hearing.

I have considered the material before me, including the declaration of Georgia Barendse, Industrial Legal Officer which sets out the steps taken by the UFU in bargaining with FRV and that it has been, and is, genuinely trying to reach agreement with FRV. I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the date by which voting in the ballot is to close is Monday 12 May 2025. This also establishes the ballot period for the purposes of s.448A(2) of the Act.

An Order has been separately issued in PR786339.

A compulsory s.448A conciliation conference will be listed for the morning of Monday 5 May 2025. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at this conference. Directions will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

Appearances:

M Sayers for the Applicant.
K Gulle for the Respondent.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application from the United Firefighters' Union of Australia (UFU) for a protected action ballot order in relation to certain employees of Fire Rescue Victoria (FRV). FRV raised concerns about the application and the proposed ballot. After a conference with the parties, FRV withdrew their objections, allowing the Commission to decide the matter without a hearing. The Commission was satisfied that the UFU had genuinely attempted to reach an agreement with FRV, and all statutory requirements had been met for a protected action ballot. The ballot, to be conducted by an approved agent, will close on 12 May 2025, with a compulsory conciliation conference scheduled for 5 May 2025 to facilitate negotiations.

The primary legal issue for the Commission was whether the UFU had fulfilled the necessary conditions under the Fair Work Act 2009 to proceed with a protected action ballot. This included verifying that the union had genuinely attempted to reach an agreement with FRV, that the required notification period had been observed, and that all procedural requirements were met. Additionally, the Commission needed to determine if the proposed ballot agent was eligible and authorised to conduct the ballot.

The Commission found that the UFU had satisfied all statutory requirements for a protected action ballot. The declaration provided by Georgia Barendse, Industrial Legal Officer, confirmed that the UFU had genuinely attempted to reach an agreement with FRV. The notification period was also deemed adequate, and the proposed ballot agent, Democratic Outcomes Pty Ltd T/A CiVS, was approved and authorised to conduct the ballot. The Commission determined the matter on the papers, given FRV's withdrawal of objections and the resolution of other concerns during the conference.

The Commission issued an Order for the protected action ballot to proceed as planned, with voting to close on 12 May 2025. Additionally, the Commission mandated a compulsory conciliation conference on 5 May 2025 to facilitate negotiations between the parties. This decision ensures that the ballot can proceed while also providing a platform for the parties to engage in meaningful discussions to potentially resolve their disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established