United Workers' Union v Bridgestone Australia Limited T/A Bridgestone Summary

[2023] FWC 2713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union

Bridgestone Australia Limited T/A Bridgestone

(B2023/1107)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 OCTOBER 2023

Proposed protected action ballot of employees of Bridgestone Australia Limited Trading As Bridgestone.

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 Bridgestone Australia Limited T/A Bridgestone (Bridgestone or Employer).

On 17 October 2023, the Commission was advised that Bridgestone did not, in effect, 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 Alycia Economidis, Coordinator, 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 Bridgestone, 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 the Democratic Outcomes Pty Ltd T/A CiVS (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 7 November 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR76738.

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 involved 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application by the United Workers' Union under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Bridgestone Australia Limited Trading As Bridgestone. The Commission was advised that Bridgestone did not object to the application. Consequently, the matter was determined based on the documents submitted, without a hearing. The Commission was satisfied that the Union had genuinely attempted to reach an agreement with Bridgestone and that all conditions under section 443(1) of the Act were fulfilled. The ballot was to be conducted by Democratic Outcomes Pty Ltd T/A CiVS, which had been approved as a ballot agent under section 468A of the Act. The closing date for voting was set as 7 November 2023, establishing the ballot period under section 448A(2) of the Act.

The primary legal issues before the Commission were whether the Union had genuinely attempted to reach an agreement with Bridgestone and if all statutory requirements for a protected action ballot had been met. The Union had to demonstrate that it had been genuinely trying to reach an agreement and that there was a notification time in relation to the proposed agreement. The Commission reviewed the declaration by Alycia Economidis, Coordinator, which outlined the Union's bargaining efforts with Bridgestone and confirmed compliance with the Act. The Commission also needed to determine an appropriate closing date for the voting to ensure the ballot period was properly established.

The Commission determined that the Union had fulfilled its obligations under the Act, and all requirements for a protected action ballot were met. The application was approved, and the closing date for the ballot was set as 7 November 2023. The Commission also assigned the matter to another member to conduct a compulsory conciliation conference under section 448A of the Act. This member would issue an Order requiring the attendance of all bargaining representatives and likely issue directions to ensure meaningful negotiations.

United Workers' Union v Bridgestone Australia Limited T/A Bridgestone

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established