United Workers' Union v Ecolab Pty Ltd Summary

[2024] FWC 1304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Ecolab Pty Ltd

(B2024/555)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 MAY 2024

Proposed protected action ballot of employees of Ecolab 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 Ecolab Pty Ltd (Ecolab or Employer).

I note that the UWU has also made a separate application for a protected action ballot order in relation to employees of Ecolab engaged in a different State and presently covered by a different enterprise agreement.[1]

On 17 May 2024, the Commission was advised that the Employer 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 John Newton, Delegate, 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 Ecolab, 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 4 June 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 PR775133.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in this matter. That Member will issue an Order requiring the attendance of all bargaining representatives for 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] B2024/556.

[2] This is, in effect, 12 working days after the making of the Order and is the ballot close date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the United Workers' Union (UWU) for a protected action ballot order in relation to employees of Ecolab Pty Ltd. The application, made under section 437 of the Fair Work Act 2009, seeks to allow the UWU to conduct a ballot to determine whether its members are in favour of protected action. The application was not opposed by Ecolab, leading to the Commission's decision to determine the matter on the papers without a hearing. The UWU has demonstrated that it has been genuinely attempting to reach an agreement with Ecolab, and all statutory requirements for the ballot have been met.

The legal issues before the Commission were whether the UWU had satisfied the prerequisites for a protected action ballot under section 443 of the Act, including the notification period and the requirement for good faith bargaining. The Commission was satisfied that the UWU had taken all necessary steps and had been genuinely trying to reach an agreement with Ecolab. The ballot is to be conducted by Democratic Outcomes Pty Ltd, an approved ballot agent under section 468A of the Act. The Commission has set 4 June 2024 as the closing date for voting, which also serves as the ballot period for the purpose of section 448A(2) of the Act.

Based on the information provided, the Commission granted the application and issued the necessary orders. The ballot will proceed as planned, and a compulsory conciliation conference will be conducted to ensure meaningful negotiations between the parties. The orders issued ensure that all bargaining representatives attend the conference and are prepared to engage in substantive discussions to resolve the ongoing dispute.

United Workers' Union v Ecolab Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established