United Workers' Union v CSL Limited T/A Seqirus

[2024] FWC 1908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers’ Union
v

CSL Limited T/A Seqirus

(B2024/919)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 JULY 2024

Proposed protected action ballot of employees of CSL Limited trading as Seqirus

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 CSL Limited trading as Seqirus (Seqirus or Employer).

I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Community and Public Sector Union (CPSU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 19 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 Evalyn Clow, 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 Seqirus, 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 9 August 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 PR777200.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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] Respectively, B2024/916, B2024/917 and B2024/918.

[2] 'The Commission proposed for the ballot to close on this date for all related matters. This date is, in effect, 14 working days after the making of the Order. The CEPU, on behalf of the Applicants in each related matter, confirmed that each Applicant was content with the Commission's proposal. No objections were raised by the Respondent.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union, on behalf of certain employees of CSL Limited trading as Seqirus, applied to the Fair Work Commission for a protected action ballot order under section 437 of the Fair Work Act 2009. The application was made in the context of proposed enterprise agreement negotiations, with the Union seeking to ballot its members on protected industrial action if an agreement could not be reached with the employer. The employer, CSL Limited trading as Seqirus, did not object to the application, allowing the matter to be determined on the papers without a hearing. Other unions, including the Australian Manufacturing Workers' Union, the Community and Public Sector Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, have also applied for similar orders regarding the same proposed enterprise agreement.

The primary legal issue before the Commission was whether the conditions for granting a protected action ballot order were met. Specifically, the Commission needed to determine if the Union had genuinely tried to reach an agreement with the employer, if the notification time for the proposed agreement had elapsed, and if all statutory requirements under section 443 of the Act had been fulfilled. The Commission had to examine the declaration provided by Evalyn Clow, the Organiser of the Union, which detailed the steps taken during the bargaining process and confirmed the Union's genuine efforts to reach an agreement.

After reviewing the material presented, the Deputy President found that the Union had indeed met all the necessary conditions. The Union's efforts to reach an agreement were deemed genuine, and the notification period for the proposed agreement had expired. Consequently, the Deputy President granted the application for a protected action ballot order. The ballot was to be conducted by Democratic Outcomes Pty Ltd, an approved ballot agent. The Commission also set a closing date for the voting, 9 August 2024, to ensure timely completion of the process. This date was established in line with the requirements of section 448A(2) of the Act. The matter will be referred to another Commission member for compulsory conciliation, with orders requiring all bargaining representatives to attend and engage in meaningful negotiations.

This decision ensures that the employees' right to organise and vote on protected industrial action is protected, while also setting the stage for continued negotiations to resolve the enterprise agreement issues at hand.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established