United Workers' Union v Blowflex Mouldings Pty Ltd Summary

[2024] FWC 1801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Blowflex Mouldings Pty Ltd

(B2024/863)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 JULY 2024

Proposed protected action ballot of employees of Blowflex Mouldings Pty Ltd

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 Blowflex Mouldings Pty Ltd (Blowflex or Employer).

On 9 July 2024, the Commission was advised that the Employer, in effect, 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 David Harris, 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 Blowflex, 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 30 July 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR776824.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives 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] This is, in effect, 15 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on an application by the United Workers’ Union to hold a ballot for certain employees of Blowflex Mouldings Pty Ltd. This application was made under section 437 of the Fair Work Act 2009. The employer did not object to the application, and therefore the matter was decided based on the information submitted in writing without a hearing. The Union had to demonstrate that it had genuinely attempted to reach an agreement with the employer and that the proposed agreement met the notification time requirements under section 443(1) of the Act.

The key legal issue before the Deputy President was whether the Union had fulfilled the statutory requirements to hold a ballot for protected industrial action. This involved assessing whether the Union had genuinely attempted to negotiate in good faith and if all procedural steps had been followed correctly. The Deputy President was satisfied that the Union had met all the necessary criteria based on the evidence provided, including the declaration from the Union organiser.

The Deputy President concluded that the Union had met all the requirements for holding a ballot and granted the application. Voting was set to close on 30 July 2024, establishing the ballot period. The Commission also determined that a compulsory conciliation conference would be held to facilitate negotiations. The matter was assigned to another member of the Commission for this purpose. This decision ensures that the ballot process can proceed as planned, with further steps to be taken to ensure meaningful negotiations between the parties.

The Commission issued an order under PR776824 to conduct the ballot by Democratic Outcomes Pty Ltd, an approved ballot agent. Another order under PR776825 was also issued to require the attendance of all bargaining representatives at the compulsory conciliation conference, with directions to ensure that the parties were prepared for meaningful negotiations.

United Workers' Union v Blowflex Mouldings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established