| [2022] FWC 1908 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
United Workers’ Union
v
Ridley AgriProducts Pty Ltd T/A Ridley Agri
(B2022/708)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 20 JULY 2022 |
Proposed protected action ballot of employees of Ridley AgriProducts Pty Ltd T/A Ridley Agri.
This is an application by the United Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Cobham Aviation Services Engineering Pty Ltd (the Respondent).
The Respondent initially advised my Chambers that it did not object to the protected action ballot order being made granted the Applicant would be willing to consent to an amendment to the notice period required for the taking of industrial action from 3 working days to 6 working days (subject to the Commission being satisfied it is appropriate to extend the notice period). In correspondence to my Chambers, the Applicant confirmed that it consented to an extension of the notice period required for the taking of industrial action from 3 working days to 6 working days.
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 Bish 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 that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the Act being longer than 3 working days and that I should exercise the discretionary power in s.443(5) of the Act and specify a period of 6 working days.
An order has been separately issued in PR743982.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR743981>
- AGLC
- United Workers' Union v Ridley AgriProducts Pty Ltd T/A Ridley Agri [2022] FWC 1908
- Case
- [2022] FWC 1908
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether there was a notification time in relation to the proposed agreement and whether the Union had met the requirements under section 443(1) of the Fair Work Act 2009. Additionally, the Commission needed to determine if there were exceptional circumstances that would justify the extension of the notice period from three working days to six working days, thereby exercising the discretionary power under section 443(5) of the Act.
The Deputy President of the Commission, Clancy, found that the Union had genuinely tried to reach an agreement with the employer and that there was a notification time in relation to the proposed agreement. The requirements under section 443(1) of the Act were satisfied. Furthermore, the Commission was satisfied that exceptional circumstances existed, which justified the extension of the notice period from three working days to six working days. Therefore, the Deputy President exercised the discretionary power under section 443(5) of the Act and specified a period of six working days for the notice.
The Commission issued an order granting the Union's application for a protected action ballot, with the condition that the notice period for taking industrial action would be six working days. A separate order was also issued in PR743982.
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Background
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