Australian Workers' Union v Vertech Group Pty Ltd — Benchmark

Ratio

The Commission granted a protected action ballot order under s.437 of the Fair Work Act 2009 where the employer did not object, the applicant union demonstrated genuine bargaining in an attempt to reach agreement, and all statutory requirements under s.443(1) were satisfied. The ballot period was set to close on 17 April 2025.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases 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 · 6

Australian Workers' Union applied for a protected action ballot order on behalf of employees of Vertech Group Pty Ltd
The parties are bargaining for an enterprise agreement to replace the Vertech Group Pty Ltd Offshore Inspection Enterprise Agreement 2020 and Vertech Group Pty Ltd Onshore Inspection Services Enterprise Agreement 2021
On 2 April 2025, the employer did not object to the application
The AWU provided a declaration from Doug Heath, Offshore Alliance Organiser, setting out steps taken by the AWU in bargaining and that it had been genuinely trying to reach agreement
Democratic Outcomes Pty Ltd (CiVS) was approved as the eligible protected action ballot agent under s.468A
The Commission set the ballot period to close on 17 April 2025, approximately 10 working days from the order

Factors

For

Employer did not object to the application
Union demonstrated genuine efforts to bargain and reach agreement through declaration evidence
All statutory requirements under s.443(1) were satisfied
There was a notification time in relation to the proposed agreement
An eligible ballot agent had been appointed

Against

Legislation referenced

Fair Work Act 2009 (Cth) s.437
Fair Work Act 2009 (Cth) s.443(1)
Fair Work Act 2009 (Cth) s.443(3)(c)
Fair Work Act 2009 (Cth) s.448A(2)
Fair Work Act 2009 (Cth) s.468A

Concept tags · 4

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

Principles · 2

articulates para 4

Where an employer does not object to a protected action ballot application and the union demonstrates genuine bargaining efforts, the Commission will grant the ballot order if all statutory requirements under s.443(1) are satisfied.

articulates para 6

The Commission may determine the ballot closure date for purposes of s.443(3)(c) of the Act.

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2010] FWAFB 9963 J.J. Richards & Sons Pty Ltd v Transport Workers' Union of Australia	FWAFB	2010-12-23	Resolved	2	37
[2015] FWCFB 210 Esso Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and...	FWC — Full Bench	2015-02-10	Against applicant	2	31
[2010] FWAFB 1714 Stuartholme School and Others (on behalf of two groups of Catholic education...	FWAFB	2010-03-03	Against applicant	2	4
[2009] FWAFB 599 Australian Postal Corporation v Communications, Electrical, Electronic,...	FWAFB	2009-10-12	Against applicant	2	2
[2010] FWAFB 344 Australian Postal Corporation v Communications, Electrical, Electronic,...	FWAFB	2010-01-20	Against applicant	2	2
[2017] FWCFB 1019 Construction, Forestry, Mining and Energy Union (105N) v AGL Loy Yang Pty...	FWC — Full Bench	2017-03-02		2	0
[2016] FWC 2716 Application by "Automotive, Food, Metals, Engineering, Printing and Kindred...	FWC	2016-01-01	For applicant	2	2
[2013] FWC 166 Application by United Voice; Application by Communications, Electrical,...	FWC	2013-01-01	For applicant	2	1
[2013] FWC 630 Application by "Automotive, Food, Metals, Engineering, Printing and Kindred...	FWC	2013-01-01	For applicant	2	1
[2013] FWC 694 Application by Australasian Meat Industry Employees Union, The	FWC	2013-01-01	Against applicant	2	1

Archived text (437 words)

1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Workers' Union v Vertech Group Pty Ltd (B2025/571) DEPUTY PRESIDENT HAMPTON MELBOURNE, 3 APRIL 2025 Proposed protected action ballot of employees of Vertech Group Pty Ltd [1] This is an application by the Australian Workers’ Union (AWU 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 Vertech Group Pty Ltd (Vertech or Employer). The Commission understands that the parties are bargaining for an enterprise agreement to replace the Vertech Group Pty Ltd Offshore Inspection Enterprise Agreement 2020 and Vertech Group Pty Ltd Onshore Inspection Services Enterprise Agreement 2021. [2] On 2 April 2025, the Commission was advised that the Employer, in effect, did not object to the Application, as amended to clarify the group of employees to be balloted. [3] In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing. [4] On the basis of the material before me, including the declaration of Doug Heath, Offshore Alliance Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Vertech, 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. [5] 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 and consequently is authorised to conduct the ballot. [6] 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 17 April 2025.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] An Order has been separately issued in PR785806. [2025] FWC 938 DECISION [2025] FWC 938 2 [8] 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 in 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 Printed by authority of the Commonwealth Government Printer <PR785807> 1 This is, in effect, 10 working days from the making of the Order and was the date sought in the application.