United Workers' Union v Lion Pty Ltd Summary

[2022] FWC 359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Lion Pty Ltd

(B2022/91)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 18 FEBRUARY 2022

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 (Act) for a protected action ballot order in relation to certain employees of Lion Pty Ltd (Respondent).

On 18 February 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 David Massey 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 PR738534.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the United Workers' Union, seeking an order for a protected action ballot in relation to certain employees of Lion Pty Ltd. This application was made under section 437 of the Fair Work Act 2009. The dispute centred around the proposed ballot, which was intended to be a protected action under the Act.

The legal issues before the Court involved determining whether the union had genuinely attempted to reach an agreement with the employer and if the requirements outlined in section 443(1) of the Act had been satisfied. The Court needed to consider the evidence provided, including the declaration by Mr David Massey of the Applicant, which outlined the union's bargaining efforts and its genuine attempt to reach an agreement with Lion Pty Ltd.

The Court found that the union had indeed been genuinely trying to reach an agreement with the employer. The evidence, particularly the declaration by Mr Massey, showed that the union had taken appropriate steps in its bargaining process. The Court was also satisfied that the notification time in relation to the proposed agreement had been met, and that all requirements under section 443(1) of the Act had been fulfilled. As a result, the Court decided to grant the union's application for a protected action ballot.

The Court issued an order for the protected action ballot, as requested by the United Workers' Union. This decision allows the union to proceed with the ballot, provided it complies with the conditions and requirements set out in the Fair Work Act 2009.

United Workers' Union v Lion Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established