United Workers' Union v Ecolab Pty Ltd Summary

[2024] FWC 1307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Ecolab Pty Ltd

(B2024/556)

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).

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 Steve Howie, 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 it, 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.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR775141.

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, 12 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 United Workers' Union (UWU) has applied to the Fair Work Commission (FWC) for a protected action ballot order in relation to certain employees of Ecolab Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The UWU sought the order to facilitate a proposed industrial action ballot. Ecolab did not object to the application, leading to the matter being determined on the papers without a hearing.

The central legal issue before the Commission was whether the UWU had met the statutory requirements for a protected action ballot order under section 437 of the Act. The Commission needed to consider whether the UWU had genuinely attempted to reach an agreement with Ecolab and if the notification time for the proposed agreement was met. Additionally, the Commission had to determine the appropriate closing date for the ballot.

The Deputy President concluded that the UWU had fulfilled all the necessary requirements for a ballot order. The UWU had provided a declaration from its Organiser, Steve Howie, outlining the union's efforts to reach an agreement with Ecolab and confirming the union's genuine intent to negotiate. The Deputy President also accepted that the notification time for the proposed agreement had been met and that all the provisions of section 443(1) of the Act had been satisfied. The Commission set the closing date for voting at 4 June 2024, which was the date sought by the UWU. The Deputy President further authorised Democratic Outcomes Pty Ltd to conduct the ballot as it is an approved ballot agent under section 468A of the Act.

The Deputy President issued an order granting the UWU's application for a ballot order. The order specified the closing date for voting and authorised the ballot agent. The matter was assigned to another member of the Commission to conduct the compulsory conciliation conference under section 448A of the Act.

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