United Workers' Union v IKON Services (Sydney) Pty Ltd Summary

[2022] FWC 551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union

IKON Services (Sydney) Pty Ltd

(B2022/187)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 MARCH 2022

Proposed protected action ballot of employees of IKON Services (Sydney) Pty Ltd

This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of IKON Services (Sydney) Pty Ltd (Respondent).

On 10 March 2022, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Hannah Miflin of the Applicant declared on 9 March 2022, 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 PR739255.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

The United Workers' Union (Applicant) made an application to the Fair Work Commission under section 437 of the Fair Work Act 2009 (Cth) for a protected action ballot order concerning certain employees of IKON Services (Sydney) Pty Ltd (Respondent). The application was made on the basis that the Respondent did not oppose the application. The dispute centred around the proposed protected action ballot of the employees, which the Union sought to conduct to facilitate negotiations with the Respondent. The Fair Work Commission, Vice President Catanzariti, determined the matter on the basis of the written submissions and evidence provided, without holding a hearing.

The primary legal issue for the Commission to decide was whether the Union had genuinely attempted to reach an agreement with the Respondent before applying for the protected action ballot order. Furthermore, the Commission had to assess whether the notification time in relation to the proposed agreement had been met and whether the requirements in section 443(1) of the Fair Work Act 2009 had been satisfied. The Commission had to carefully consider the statutory declaration of Hannah Miflin of the Applicant, which outlined the steps taken by the Union in bargaining with the Respondent and the Union's genuine efforts to reach an agreement.

The Fair Work Commission found that the Union had genuinely tried to reach an agreement with the Respondent and that the notification time in relation to the proposed agreement had been met. The Commission was satisfied that the requirements in section 443(1) of the Fair Work Act 2009 had been met. Consequently, the Vice President issued an order for the protected action ballot to proceed as requested by the United Workers' Union. This decision was made without the need for a hearing due to the absence of opposition from the Respondent and the sufficient evidence provided in the written submissions.

The Fair Work Commission, Vice President Catanzariti, granted the United Workers' Union's application for a protected action ballot order in relation to the employees of IKON Services (Sydney) Pty Ltd. The Commission found that the Union had genuinely tried to reach an agreement with the Respondent and that the notification time in relation to the proposed agreement had been met. Additionally, the Commission was satisfied that the requirements in section 443(1) of the Fair Work Act 2009 had been met. Consequently, an order was issued for the protected action ballot to proceed as requested by the Union.

United Workers' Union v IKON Services (Sydney) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established