United Workers' Union v Qenos Pty Ltd

[2022] FWC 2308

[2022] FWC 2308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Qenos Pty Ltd

(B2022/1300)

DEPUTY PRESIDENT CLANCY MELBOURNE, 1 SEPTEMBER 2022

Proposed protected action ballot of employees of Qenos Pty Ltd.

1. 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 Qenos Pty Ltd (Respondent).

1. On 31 August 2022, my Associate was advised that the parties reached consent to an extension of the notice period for the action outlined in questions 1 and 2 and, accordingly, the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Ms Belinda Jacobi 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. I am also satisfied based on the position of the parties and the material before me that the period of written notice referred to in s.414(2)(a) of the Act should be longer than 3 working days for the action outlined in questions 1 and 2 and that I should exercise the discretionary power in s.443(5) of the Act and specify a period of at least 5 working days in relation to them.

1. The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). Mr Michael M Michael, the Managing Director of CiVs has provided a statutory declaration setting out that he would carry out the functions of the protected ballot agent for CiVS, and that he has relevant experience in conducting protected action ballots. I am satisfied that CiVS is a fit and proper person to conduct the ballot. I am also satisfied that Mr Michael and CiVS are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. CiVs has agreed to be the protected action ballot agent and Mr Michael and CiVS are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

1. Therefore I appoint CiVS as the protected action ballot agent.

1. An order has been separately issued in PR745332.

DEPUTY PRESIDENT

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