United Workers' Union v Lineage AUS TRS Pty Ltd

[2024] FWC 3016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Lineage AUS TRS Pty Ltd

(B2024/1413)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 31 OCTOBER 2024

Proposed protected action ballot of employees of Lineage AUS TRS 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 Lineage AUS TRS Pty Ltd (Lineage or Employer).

On 30 October 2024, the Commission was advised that the Employer, in effect, 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 Chris Dundon, 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 Lineage, 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 12 November 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 PR780786.

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, eight working days from the date of the Order and was the specific date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union (UWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Lineage AUS TRS Pty Ltd (Lineage). The application was made to facilitate a ballot for potential protected action, likely a strike or lockout, in an attempt to reach an agreement with the employer. On 30 October 2024, the Commission noted that Lineage did not object to the application. Consequently, the Deputy President decided to proceed without a hearing, focusing on the documentation provided.

The legal issues before the court involved determining whether the UWU had genuinely attempted to reach an agreement with Lineage and whether all procedural requirements under the Fair Work Act had been met for the ballot to proceed. The court considered the declaration from Chris Dundon, the Organiser of the UWU, which outlined the union's efforts in bargaining with Lineage. The Deputy President was also required to set a closing date for the ballot voting period in accordance with section 443(3)(c) of the Act.

The Deputy President was satisfied that the UWU had genuinely attempted to reach an agreement and that all procedural requirements had been met. The court determined that the voting period for the ballot would close on 12 November 2024, which aligns with the eight working days from the date of the order. The Deputy President also authorised Democratic Outcomes Pty Ltd (CiVS) to conduct the ballot, as it is an approved agent under section 468A of the Act. This decision established the ballot period and ensured compliance with section 448A(2) of the Act. Additionally, the matter was assigned to another Member of the Commission to conduct a compulsory conciliation conference, aiming to facilitate meaningful negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established