United Voice v Ensign Services (Aust) Pty Ltd T/A Ensign a Spotless Company

[2016] FWC 3067

[2016] FWC 3067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Voice
v
Ensign Services (Aust) Pty Ltd T/A Ensign A Spotless Company
(B2016/533)

DEPUTY PRESIDENT CLANCY MELBOURNE, 16 MAY 2016

Proposed protected action ballot of employees of the employer at the Abbotsford site.

[1] United Voice (the union) applied for a protected action ballot order. 1 In its application, the union sought an order that employees of Ensign Services (Aust) Pty Ltd who are members of the union who would be subject to the proposed enterprise agreement at the Abbotsford site and who perform work described under the proposed enterprise agreement be balloted to see if they supported the taking of protected industrial action.

[2] On 16 May 2016, the union advised that a copy of the application was given to Ensign Services and the Australian Electoral Commission (AEC) within 24 hours after making the application. I caused correspondence to be sent to Ensign Services requesting that it confirm this and whether it objected to the application. In reply, Ensign Services advised that it did not object to the application. In doing so, Ensign Services did not challenge the union’s assertion that it has been and is genuinely trying to reach agreement with it.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] I am satisfied that:

1. The union is a bargaining representative for the employees; 2

2. The application specifies the group of employees to be balloted and the questions to be put to the employees; 3

3. A copy of the application was given to Ensign Services and the AEC within 24 hours of the making of the application; 4

4. The nominal expiry date of the applicable agreement has passed; 5 and

5. The union is genuinely trying to reach agreement with Ensign Services. 6

[5] On the basis of the material before me, I am satisfied that the union has satisfied the statutory prerequisites for a protected action ballot order, and accordingly, must make a protected action ballot order. An Order will be issued separately to this decision. 7

DEPUTY PRESIDENT

 1 See s.437 of the Fair Work Act 2009.

 2 Ibid, s.437(1).

 3 Ibid, s.437(3).

 4   Ibid, s.440.

 5   Ibid, s.438(1).

 6   Ibid, s.443(1)(b) and Form F34 Application at [4.1].

 7   PR580392.

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<Price code A, PR580391>