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

[2024] FWC 925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

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

(B2024/418)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 10 APRIL 2024

Proposed protected action ballot of employees of Terminals Pty Ltd

This is an application by the United Workers’ Union (UWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Terminals Pty Ltd trading as Quantem Bulk Liquid Storage and Handling (Quantem or Employer).

On 9 April 2024, the Employer advised that it did not object to the application, as amended to clarify the group of employees to be balloted.

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 Shane Reside, Organiser, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Quantem, I am satisfied that there is a 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[1] and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 24 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR773358.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] [2023] FWC 1400.

[2] This is, in effect, ten (10) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the United Workers’ Union (UWU) for a protected action ballot order concerning certain employees of Terminals Pty Ltd, trading as Quantem Bulk Liquid Storage and Handling. The application was made under section 437 of the Fair Work Act 2009, seeking authorisation for a ballot among the employees for protected action, likely a strike or other industrial action. Terminals Pty Ltd did not oppose the application, which was subsequently amended to specify the group of employees to be balloted. Consequently, the matter was determined by the Deputy President without the need for a hearing.

The legal issues addressed by the court centred on whether the conditions stipulated in section 443 of the Act had been fulfilled, particularly regarding the notification period for the proposed agreement and the steps taken by the UWU in its negotiations with the Employer. The Deputy President examined the declaration provided by Shane Reside, the Organiser of the UWU, which detailed the union's bargaining efforts and its genuine attempts to reach an agreement with Quantem. The court needed to confirm that the UWU had indeed met all the prerequisites for a protected action ballot, including the notification period and the integrity of the bargaining process.

The Deputy President found that the UWU had satisfied all requirements under section 443(1) of the Act, confirming that there was a notification period and that the union had genuinely attempted to reach an agreement. The court authorised the ballot to be conducted by Democratic Outcomes Pty Ltd (CiVS), which was approved as an eligible agent under section 468A of the Act. Additionally, the court set the closing date for voting as 24 April 2024, effectively establishing the ballot period under section 448A(2). The matter will proceed to a compulsory conciliation conference, overseen by another Member of the Commission, to facilitate meaningful negotiations between the parties.

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