United Workers' Union v Ambulance Victoria Summary

[2024] FWC 1244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Ambulance Victoria

(B2024/528)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 MAY 2024

Proposed protected action ballot of employees of Ambulance Victoria

This is an application by the United Workers’ Union (UWU 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 Ambulance Victoria (AV or Employer).

I note that the Victorian Ambulance Union Incorporated have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

On 10 May 2024, the Commission was advised that the Employer did not object to 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 declaration of Darren Law, Organiser, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with AV, 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 (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 Commission has determined that the date by which voting is to close is 27 May 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR774933.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter B2024/514. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2024/514.

[2] This is, in effect, ten (10) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the United Workers' Union for a protected action ballot order in relation to certain employees of Ambulance Victoria. The application was made under section 437 of the Fair Work Act 2009. The Union sought to conduct a ballot to potentially authorise protected industrial action due to ongoing disputes regarding a proposed agreement with the employer.

The legal issues before the Commission were whether the Union had genuinely tried to reach an agreement with Ambulance Victoria, whether there was a notification time in relation to the proposed agreement, and whether all the statutory requirements for a protected action ballot had been met. The Union's declaration, which detailed their bargaining efforts and genuine attempts to reach an agreement, was central to the decision.

The Deputy President was satisfied that the Union had genuinely tried to reach an agreement and that all requirements of section 443(1) of the Act had been fulfilled. The Commission noted that the employer did not object to the application. Consequently, the Commission determined the matter on the papers without a hearing and set a closing date for the ballot. The ballot is to be conducted by Democratic Outcomes Pty Ltd, which is approved as an eligible agent under section 468A of the Act.

The final orders included setting the closing date for the ballot as 27 May 2024 and assigning the matter to another Commission member for a compulsory conciliation conference. This member will also require any additional bargaining representatives to attend the conference and may issue directions to ensure the parties are ready for meaningful negotiations.

United Workers' Union v Ambulance Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established