United Workers' Union v Lion Pty Ltd

[2023] FWC 303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers' Union
v

Lion Pty Ltd

(B2023/76)

VICE PRESIDENT CATANZARITI

SYDNEY, 3 FEBRUARY 2023

Proposed protected action ballot of employees of Lion 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 Lion Pty Ltd (Respondent).

On 3 February 2023, 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 Leonidas Papanastasiou of the Applicant declared on 30 January 2023, 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 PR750232.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought a protected action ballot order against Lion Pty Ltd under section 437 of the Fair Work Act 2009. The union applied for the order in relation to certain employees of the respondent company, Lion Pty Ltd. The Fair Work Commission accepted that the respondent did not oppose the application, leading to the matter being determined on the papers without a hearing. The union had submitted a statutory declaration by Leonidas Papanastasiou, asserting that it had been genuinely trying to reach an agreement with the respondent and that all necessary requirements under section 443(1) of the Act had been fulfilled.

The primary legal issue before the Fair Work Commission was whether the union had genuinely attempted to reach an agreement with the respondent, and if so, whether the requirements for a protected action ballot order were satisfied. This involved an examination of the union's bargaining efforts and whether they met the statutory criteria outlined in the Fair Work Act.

The Vice President of the Fair Work Commission, Catanzariti, concluded that the union had genuinely tried to reach an agreement with Lion Pty Ltd and had fulfilled the necessary requirements for a protected action ballot order. The Vice President was satisfied with the steps taken by the union in its bargaining process and determined that the notification time for the proposed agreement was appropriate. Consequently, the application for a protected action ballot order was approved.

The Fair Work Commission issued an order in PR750232, granting the United Workers' Union's application for a protected action ballot order in relation to the employees of Lion Pty Ltd. The order was issued based on the material presented, including the union's statutory declaration, and the absence of opposition from the respondent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established