United Workers' Union v Spotless Facility Services Pty Ltd T/A Downer
[2023] FWC 1939
•7 AUGUST 2023
| [2023] FWC 1939 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
United Workers’ Union
v
Spotless Facility Services Pty Ltd T/A Downer
(B2023/802)
| DEPUTY PRESIDENT LAKE | BRISBANE, 7 AUGUST 2023 |
Proposed protected action ballot of employees of Spotless Facility Services Pty Ltd Trading As Downer
On 4 August 2023, the United Workers’ Union (UWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Spotless Facility Services Ltd T/A Downer (Spotless Facility). Spotless had raised contentions with the protected action ballot order.
On 7 August 2023, the Commission was advised by Spotless Facility that there were no longer contentions with the protection action ballot order subject to a few changes with the questions of the ballot. The UWU provided an amended protected ballot action order to Chambers.
In light of the above circumstances, I have decided to determine the matter on the papers.
I am satisfied with the declaration of Mr Dave Malley, UWU Trade Union Official demonstrates the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Spotless Facility, I am satisfied with the notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.
The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot. [1] For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of fourteen (14) working days from the date of the Order (7 August 2023) has been set.
An Order has been separately issued in PR764911.
This matter will be assigned to me to conduct the s.448A compulsory conciliation conference and I will issue the Order requiring attendance at the conference. I will issue Directions alongside the Order to ensure that the parties attend the conference and to conduct meaningful negotiations.
DEPUTY PRESIDENT
[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400
Printed by authority of the Commonwealth Government Printer
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