United Workers' Union v Vopak Terminal Darwin Pty Ltd Summary

[2023] FWC 1415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Vopak Terminal Darwin Pty Ltd

(B2023/578)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JUNE 2023

Proposed protected action ballot of employees of Vopak Terminal Darwin Pty Ltd

This is an application by 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 the Respondent, Vopak Terminal Darwin Pty Ltd (Vopak).

On 16 June 2023, the Commission was advised that the Respondent did not object to 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 declaration of Mr Shane Reside, UWU Bulk Liquids Alliance Organiser, 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 all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (16 June 2023) has been established by this Commission.[1]

An order has been separately issued in PR763106.

DEPUTY PRESIDENT

[1] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Deputy President Hampton, heard an application by the United Workers' Union for a protected action ballot order concerning employees of Vopak Terminal Darwin Pty Ltd. This case involved a dispute between the union and the employer regarding the terms of employment, leading to the union seeking a ballot to authorise potential industrial action. Vopak Terminal Darwin Pty Ltd did not object to the application, allowing the matter to be decided on the presented documents without a formal hearing.

The legal issues before the court were whether the union had fulfilled the conditions set out in section 443(1) of the Fair Work Act 2009 and if the notification period for the proposed agreement had been met. The union argued that it had genuinely engaged in bargaining with the employer and had taken all necessary steps to reach an agreement. The court needed to verify these claims and decide if the union's application met the legal requirements for proceeding with a ballot.

After reviewing the evidence, including the declaration from Mr. Shane Reside, the UWU's Bulk Liquids Alliance Organiser, the Deputy President concluded that the union had satisfied the conditions for the ballot order. The court found that the union had genuinely attempted to reach an agreement and that all requirements under section 443(1) of the Act were met. The court also determined that a notification period existed and ordered that the ballot be conducted by the Australian Electoral Commission over a 30-working-day period starting from 16 June 2023. This decision allowed the union to proceed with the ballot to seek authorisation for potential protected action.

United Workers' Union v Vopak Terminal Darwin Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established