United Workers' Union v Castrol Australia Pty Ltd Summary

[2024] FWC 1945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Castrol Australia Pty Ltd

(B2024/927)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 JULY 2024

Proposed protected action of Castrol Australia 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 Castrol Australia Pty Ltd (Castrol or Employer).

On 24 July 2024, the Commission was advised that the Employer did not object to the Application as amended following discussions between the parties.

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 Belinda Jacobi, 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 Castrol, 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 b which voting is to close is 13 August 2024[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of 5 working days applies to the items listed within Clause five (5) of the Order.

An Order has been separately issued in PR777446.

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, 14 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application by the United Workers' Union (UWU) under section 437 of the Fair Work Act 2009 for a protected action ballot order regarding certain employees of Castrol Australia Pty Ltd. The UWU sought to conduct the ballot in relation to an enterprise agreement, and Castrol did not object to the application following discussions between the parties. The matter was decided on the papers without a hearing, given Castrol's lack of objection and the UWU's declaration by Belinda Jacobi, an Organiser, that the union had been genuinely trying to reach agreement with Castrol. The ballot was to be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent under the Act.

The legal issues before the FWC included whether the UWU had satisfied the requirements for a protected action ballot under section 443(1) of the Act, including providing the necessary notification time, and whether there were exceptional circumstances to justify an extended period of written notice for the proposed industrial action under section 414(2)(b). The FWC found that all the requirements for a ballot had been met, and there were exceptional circumstances that justified an extended period of notice for the specified industrial action. Consequently, the FWC determined the closing date for voting to be 13 August 2024, which was 14 working days from the date of the order. The FWC also noted that the matter would be assigned to another member for a compulsory conciliation conference to facilitate meaningful negotiations.

The final order determined the date for the closure of voting and the extended notice period for the industrial action. It also assigned the matter to another FWC member for a compulsory conciliation conference and directed that all bargaining representatives attend the conference to engage in meaningful negotiations. The order underscored the importance of ensuring that the parties were ready to negotiate effectively, reflecting the FWC's intent to facilitate a resolution through conciliation.

United Workers' Union v Castrol Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established