United Workers' Union v Gale Pacific Ltd Summary

[2022] FWC 661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Gale Pacific Ltd

(B2022/227)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 25 MARCH 2022

Proposed protected action ballot of employees of Gale Pacific 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 Gale Pacific Ltd (the Respondent).

On 25 March 2022, 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 Mr Steve Howie 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 PR739678.

DEPUTY PRESIDENT

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 for a protected action ballot order concerning certain employees of Gale Pacific Ltd. The application was made under section 437 of the Fair Work Act 2009, seeking authorisation for the union to conduct a ballot among its members about potential protected action. The matter was heard by Deputy President Clancy on 25 March 2022 in Melbourne. Gale Pacific Ltd did not object to the application, leading the Deputy President to decide the matter on the submitted documentation without the need for a hearing.

The legal issues before the FWC were whether the union had met the notification time for a protected action ballot as stipulated in the Fair Work Act and if the union had genuinely attempted to reach an agreement with the employer. The union's declaration, provided by Mr Steve Howie, outlined the bargaining steps taken and affirmed the union's ongoing genuine efforts to negotiate with Gale Pacific Ltd. The Deputy President was tasked with determining if these efforts aligned with the legislative requirements.

The Deputy President concluded that the union had satisfied the notification time requirements and that the union had genuinely attempted to negotiate with the employer. Consequently, the FWC granted the application for a protected action ballot order. This decision was made on the basis of the provided material and the union's declaration, which demonstrated compliance with the legislative prerequisites for such an order.

The FWC issued an order permitting the United Workers' Union to proceed with the ballot among its members regarding potential protected action against Gale Pacific Ltd. This decision underscores the FWC's role in facilitating fair work practices and ensuring that union activities comply with the legal framework established by the Fair Work Act 2009.

United Workers' Union v Gale Pacific Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established