United Workers' Union v Mobil Oil Australia Pty Ltd Summary

[2022] FWC 2535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Mobil Oil Australia Pty Ltd

(B2022/1425)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 21 SEPTEMBER 2022

Proposed protected action ballot of employees of Mobil Oil Australia 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 Mobil Oil Australia Pty Ltd (Respondent).

On 21 September 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 Sheldon Luke Oski 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 PR746086.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application by the United Workers' Union (UWU) seeking a protected action ballot order concerning certain employees of Mobil Oil Australia Pty Ltd (Mobil). The application was made under section 437 of the Fair Work Act 2009 (FW Act). Mobil did not object to the application, leading the Deputy President to decide on the matter without a hearing. The UWU sought the ballot order after stating that it had genuinely attempted to reach an agreement with Mobil.

The primary legal issue before the FWC was whether the UWU had fulfilled the prerequisites for a protected action ballot under section 437 of the FW Act. Specifically, the UWU needed to demonstrate that it had attempted to negotiate with Mobil and that a notification period for the proposed agreement had been set. The UWU provided a declaration by Mr Sheldon Luke Oski, outlining the bargaining process and the union's efforts to reach an agreement with Mobil. The FWC was required to assess whether these efforts met the statutory requirements.

The Deputy President reviewed the material presented, including the UWU's declaration. The declaration outlined the union's steps in bargaining with Mobil and confirmed that the union had been genuinely trying to reach an agreement. The Deputy President found that the UWU had satisfied the requirements of section 437 and section 443(1) of the FW Act. Consequently, the Deputy President determined that there was a notification time for the proposed agreement and issued an order in PR746086.

In summary, the FWC granted the UWU's application for a protected action ballot order, finding that the union had fulfilled the necessary legal criteria. The Deputy President issued an order in PR746086, allowing the UWU to proceed with the ballot.

United Workers' Union v Mobil Oil Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established