United Workers' Union v BOC Ltd Summary

[2023] FWC 124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

BOC Ltd

(B2023/32)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 17 JANUARY 2023

Proposed protected action ballot of employees of BOC Ltd

This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of BOC Ltd (Respondent).

On 17 January 2023 my Associate was advised that the Respondent 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 Mr Rob Gee of the Applicant 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 PR749720

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application from the United Workers’ Union (UWU) for a protected action ballot order concerning certain employees of BOC Ltd. The application was made under section 437 of the Fair Work Act 2009. The UWU sought to conduct a ballot to authorise protected action in relation to its members employed by BOC Ltd. BOC Ltd did not object to the application, and the Deputy President determined the matter on the papers without the need for a hearing. The primary legal issue the FWC needed to decide was whether the UWU had satisfied the statutory requirements for conducting a protected action ballot. This involved verifying that the UWU had genuinely tried to reach an agreement with BOC Ltd and that the notification time for the proposed agreement had been met, as required by section 443(1) of the Act.

The FWC examined the declaration of Mr Rob Gee of the UWU, which detailed the union's bargaining efforts with BOC Ltd. The declaration outlined the steps taken by the UWU in attempting to reach an agreement, affirming the union's genuine efforts to negotiate. The Deputy President was satisfied that the UWU had fulfilled the prerequisites for a protected action ballot, including the notification period and adherence to the Act's provisions. Consequently, the FWC concluded that the UWU had met the necessary conditions to proceed with the ballot, and issued an order accordingly. This decision ensures that the UWU can move forward with the proposed industrial action, subject to the outcomes of the ballot.

United Workers' Union v BOC Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established