DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
GWA Group Limited T/A GWA Bathrooms and Kitchens
(B2020/587)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 30 SEPTEMBER 2020

Proposed protected action ballot of employees of GWA Group Limited T/A GWA Bathrooms & Kitchens.

[1] 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 GWA Group Limited T/A GWA Bathrooms & Kitchens (Respondent).

[2] On 30 September 2020, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Mr B Donnelly 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.

[5] An order has been separately issued in PR723208.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Union, United Workers' Union, sought to conduct a protected action ballot of the employees of GWA Group Limited T/A GWA Bathrooms and Kitchens, alleging that the employer had engaged in unlawful conduct in relation to their employment. The employer opposed the ballot on the basis that the Union did not have sufficient recognition to conduct the ballot. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue for the Court was whether the Union had the requisite level of recognition to conduct the ballot. The employer argued that the Union needed to have a majority of members in order to conduct a ballot, a position that was rejected by the Union who contended that the relevant statutory provision did not require a majority of members for a ballot to be conducted. The Court found that the Union did not need to have a majority of members to conduct the ballot, and that the relevant statutory provision was satisfied if the Union had a sufficient number of members to conduct the ballot in accordance with the relevant provisions of the Fair Work Act 2009 (Cth).

The Court found that the Union did have sufficient recognition to conduct the ballot as it had the requisite number of members to do so. The Court found that the employer's opposition to the ballot was not well-founded, and that the Union had the requisite level of recognition to conduct the ballot. The Court ordered that the employer allow the Union to conduct the ballot.

No further orders were made by the Court.

United Workers' Union v GWA Group Limited T/A GWA Bathrooms and Kitchens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established