Benchmark WA Industrial Relations Case Database

Application by The Australian Workers' Union

[2015] FWC 214 Fair Work Commission 2015-01-01 cited 1×
Source
Cited 1×
Applicant: The Australian Workers' Union
Respondent: Orica Australia Pty Ltd

Ratio

The FWC must make a protected action ballot order under s.443(1) where an application is made under s.437 and the FWC is satisfied that the applicant has been and is genuinely trying to reach an agreement with the employer. The AWU satisfied this requirement via statutory declaration, and the respondent did not oppose the order.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 4

  • Application made by The Australian Workers' Union under s.437 of the Fair Work Act 2009
  • Application relates to proposed enterprise agreement with Orica Australia Pty Ltd
  • Respondent advised it does not oppose the making of the order
  • AWU demonstrated requirements of s.443(1) via Statutory Declaration signed by Samuel Wood, AWU Official

Factors

For
  • Application made under s.437
  • FWC satisfied that applicant has been and is genuinely trying to reach agreement with employer
  • Evidence of genuine bargaining provided via statutory declaration
  • Respondent did not oppose the order
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s.437
  • Fair Work Act 2009 (Cth) s.443(1)

Concept tags · 3

[P]Protected action ballot order [S]Enterprise agreement approval [S]Good faith bargaining

Principles · 1

articulates para 3
The FWC must make a protected action ballot order where an application has been made under s.437 and the FWC is satisfied that each applicant has been and is genuinely trying to reach an agreement with the employer of the employees to be balloted.
Test: Statutory test for protected action ballot orders
Archived text (262 words)
Application by The Australian Workers' Union [2015] FWC 214 (9 January 2015) [2015] FWC 214 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 —Protected action The Australian Workers’ Union v Orica Australia Pty Ltd (B2015/146) COMMISSIONER RYAN MELBOURNE, 9 JANUARY 2015 Proposed protected action ballot of employees of Orica Australia Pty Ltd. [1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (AWU) for a protected action ballot order in relation to employees of Orica Australia Pty Ltd (the Respondent). [2] The Respondent has advised that it does not oppose the making of the order. [3] Section 443(1) of the Act states: 443 When the FWC must make a protected action ballot order (1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if: (a) an application has been made under section 437 ; and (b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted. [4] The AWU has demonstrated that it has met the requirements of s.443(1) of the Act in a Statutory Declaration signed by Samuel Wood, an Official of the AWU. [5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AWU. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, PR559889>