United Workers' Union v Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling Summary

[2023] FWC 390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers' Union

Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling

(B2023/114)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 FEBRUARY 2023

Proposed protected action ballot of employees of Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling

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 Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling (Respondent).

On 16 February 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

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 statutory declaration of Chad Maxwell of the Applicant declared on 14 February 2023, 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.

An Order has been separately issued in PR750669.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union applied to the Fair Work Commission for a protected action ballot order under the Fair Work Act 2009. The application concerned certain employees of Terminals Pty Ltd, trading as Quantem Bulk Liquid Storage and Handling. The Union sought the order to conduct a ballot regarding potential protected actions, such as strikes or lockouts, due to ongoing disputes with the Respondent regarding the terms and conditions of employment. The Respondent did not oppose the application, and the matter was determined on the papers without a hearing.

The primary legal issue for the Commission to decide was whether the Union had satisfied the prerequisites for seeking a protected action ballot under section 437 of the Fair Work Act. The Commission had to assess whether the Union had genuinely tried to reach an agreement with the Respondent and whether the notification time for the proposed agreement had been met. Additionally, the Commission needed to confirm that the requirements of section 443(1) of the Act had been adhered to, which includes the necessity for the Union to provide written notice of its intention to conduct a ballot to the Respondent and any other relevant parties.

The Vice President of the Commission found that the Union had genuinely attempted to negotiate with the Respondent and that the notification time for the proposed agreement had been met. Based on the statutory declaration from the Union and the absence of opposition from the Respondent, the Commission was satisfied that the requirements of section 443(1) of the Act had also been fulfilled. Therefore, the Vice President decided to grant the Union's application for a protected action ballot order.

Consequently, an Order was issued permitting the Union to conduct a ballot among the specified employees of Terminals Pty Ltd regarding potential protected actions. The order was issued separately in PR750669, ensuring the Union could proceed with the ballot under the provisions of the Fair Work Act.

United Workers' Union v Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established