United Workers' Union v St John Ambulance Western Australia Ltd T/A St John Ambulance

[2025] FWC 848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 437—Protected action

United Workers' Union
v

St John Ambulance Western Australia Ltd T/A St John Ambulance

(B2025/503)

COMMISSIONER LIM

PERTH, 26 MARCH 2025

Proposed protected action ballot of employees of St John Ambulance Western Australia Limited.

This decision concerns the United Workers’ Union’s application under s 437 of the Fair Work Act 2009 (Cth) for a protected action ballot order in relation to certain employees of St John Ambulance Western Australia Limited.

The Application was made on Tuesday 25 March 2025. St John objected to questions in the proposed ballot. I conducted a conference with the parties on Wednesday 26 March 2025. As a result of the conference, the parties reached a consensus position on amendments to the Draft Order and St John withdrew its objections to the application.

The UWU provided the declaration of Ms Rebecca Thompson, Organiser, which set out the history of bargaining to date. It is not in contest – and I find – that there is a notification time in relation to the proposed agreement and that all the requirements in s 443(1) of the Act have been met.

UWU provided evidence from Ms Rebecca Thompson, Organiser for the UWU. Her evidence outlines the history of bargaining to date. It is not in contest – and I find – that there is a notification time in relation to the proposed agreement and that all the requirements in s 443(1) of the Act have been met.

The ballot is to be conducted by Fair Vote Services Pty Ltd. Fair Vote has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s 443(3)(c) and s 448A(2) of the Act, I have determined that the date by which voting is to close is Friday 11 April 2025.

An Order has been separately issued in PR785573.

Upon issuing a protected action ballot order the Commission is required by s 448A of the Act to also make an order directing the bargaining representatives to attend a conference for the purpose of mediation or conciliation in relation to the proposed agreement. An order and directions will accordingly be issued from my Chambers requiring that the parties attend a conference.

COMMISSIONER

Appearances:

R James for the Applicant.
J Parkinson for the Respondent.

Hearing details:

2025.
Perth, by Video using Microsoft Teams:
26 March.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the United Workers' Union for a protected action ballot order concerning certain employees of St John Ambulance Western Australia Limited. St John Ambulance opposed the application, citing concerns about specific questions included in the proposed ballot. The matter was addressed during a conference held on 26 March 2025, which led to a consensus between the parties on the amendments to the draft order. As a result, St John Ambulance withdrew its objections, and the Union provided a declaration from Rebecca Thompson, the Organiser, which detailed the history of the bargaining process up to that point.

The legal issues that the Commission had to resolve were whether the application met the statutory requirements under the Fair Work Act 2009, and whether the proposed questions in the ballot were acceptable. The Commission needed to determine if the notification period had been appropriately observed and if all prerequisites stipulated in section 443(1) of the Act had been fulfilled. Furthermore, the Commission had to ensure that the ballot agent, Fair Vote Services Pty Ltd, was eligible and authorised to conduct the ballot as per section 468A of the Act.

The Commission found that the Union had met all the statutory requirements, and that there was no dispute regarding the notification period or the procedural compliance. Given the consensus reached during the conference, the Commission issued the protected action ballot order, setting the closing date for voting as Friday 11 April 2025. Additionally, the Commission mandated a conference for mediation or conciliation concerning the proposed agreement, issuing a separate order and directions to that effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established