United Workers' Union v CW Management Pty Ltd Summary

[2023] FWC 874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

CW Management Pty Ltd

(B2023/338)

DEPUTY PRESIDENT CLANCY

ADELAIDE, 14 APRIL 2023

Proposed protected action ballot of employees of CW Management Pty 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 CW Management Pty Ltd (Respondent).

On 13 April 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 Ms Anna Thwaites 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 PR761065.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission for a protected action ballot order concerning certain employees of CW Management Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The dispute arose as the Union sought to conduct a ballot for protected industrial action, which would require authorisation if it involved protected industrial action. The Union claimed that it had been genuinely attempting to reach an agreement with the employer but had been unsuccessful.

The legal issue before the Deputy President was whether the Union had met the requirements under section 443(1) of the Fair Work Act for a protected action ballot. Specifically, the Union had to demonstrate that it had been genuinely trying to reach an agreement with the employer and that the proposed agreement had a notification time. The Deputy President examined the declaration of Ms Anna Thwaites, who stated that the Union had been attempting to negotiate with the employer and that the proposed agreement was within the notification time period.

The Deputy President was satisfied, based on the material presented, that the Union had genuinely tried to reach an agreement and that the proposed agreement had a notification time. Consequently, the Deputy President determined the matter on the papers without holding a hearing. The Deputy President concluded that the requirements under section 443(1) of the Fair Work Act were met, and thus, authorised the Union to conduct the protected action ballot.

The Fair Work Commission issued an order permitting the Union to conduct the ballot for the proposed protected action. The order was made in PR761065, separate from the decision.

United Workers' Union v CW Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established