United Workers' Union v Aegis Aged Care Group Summary

[2022] FWC 719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Aegis Aged Care Group

(B2022/234)

VICE PRESIDENT CATANZARITI

BRISBANE, 31 MARCH 2022

Proposed protected action ballot of employees of Aegis Aged Care Group Pty Ltd

This is an application by the United 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 Aegis Aged Care Group (Respondent).

On 30 March 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 Alison Humphry of the Applicant declared on 24 March 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 PR739886.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought a protected action ballot order under section 437 of the Fair Work Act 2009 against Aegis Aged Care Group. The application was made to the Fair Work Commission, which is the relevant authority for resolving workplace disputes under the Act. The union's request was for the right to conduct a ballot among its members, Aegis Aged Care Group employees, to determine if they wished to take protected industrial action. The dispute arose from ongoing negotiations between the union and the employer regarding an employment agreement, which had reached an impasse.

The legal issues before the Fair Work Commission were whether the union had genuinely attempted to reach an agreement with the employer and if the statutory notification period had been observed. The union needed to demonstrate that it had engaged in good faith bargaining and that the employer had been given adequate notice of the union's intention to ballot for protected industrial action. These elements are critical to satisfying the prerequisites for a protected action ballot under the Fair Work Act.

The Fair Work Commission considered the statutory declaration provided by the union, which outlined the steps taken during the bargaining process and confirmed the union's genuine efforts to reach an agreement. The union's declaration satisfied the Commission that the requirements under section 443(1) of the Act had been met, including the necessary notification period. As the employer did not oppose the union's application, the Commission determined the matter without the need for a hearing. The union had met the legislative criteria, and the Commission proceeded to grant the order for a protected action ballot.

The Fair Work Commission issued an order allowing the union to proceed with the ballot for protected industrial action among its members, Aegis Aged Care Group employees. The order reflects the Commission's determination that the union had fulfilled its obligations under the Fair Work Act, including genuine bargaining efforts and proper notification to the employer. The Commission's decision underscores the importance of adherence to the legislative requirements when seeking to conduct protected industrial action.

United Workers' Union v Aegis Aged Care Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established