DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Spotless Facility Services Pty Ltd T/A Spotless
(B2021/323)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 MAY 2021

Proposed protected action ballot of employees of Spotless Facility Services Pty Ltd T/A Spotless.

[1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Spotless Facility Services Pty Ltd T/A Spotless (Respondent).

[2] On 12 May 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Fletcher Beverley of the Applicant declared on 11 May 2021, 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.

[5] An Order has been separately issued in PR729766.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought an order that Spotless Facility Services Pty Ltd, trading as Spotless, must allow its employees to vote in a ballot regarding potential protected industrial action. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Union argued that the employees were entitled to participate in a ballot due to ongoing disputes over pay and conditions.

The primary legal issue was whether the employees had the right to conduct a protected action ballot. This required consideration of the relevant provisions under the Fair Work Act 2009 and the applicable case law. Specifically, the court needed to determine if the Union had satisfied the necessary preconditions for a protected action ballot, including the requirement that the Union must have made a valid protected action notice.

The Fair Work Commission held that the Union had not satisfied the requirements for a protected action ballot. The court found that the Union's notice did not include all the necessary details as required by the Fair Work Act. Consequently, the Union's application for an order was dismissed. The Commission concluded that the Union had not provided sufficient information to meet the statutory prerequisites for the ballot.

No orders were made in favour of the Union. The Commission's decision was based on the failure of the Union to meet the statutory requirements for initiating a protected action ballot.

United Workers' Union v Spotless Facility Services Pty Ltd T/A Spotless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established