Australian Workers' Union v City of Hobart [2024] FWC 2747 | Case summary | Zoe

CTHFWC

Australian Workers' Union v City of Hobart [2024] FWC 2747

[2024] FWC 2747

Fair Work Commission|2024-10-02

At a glance

AI case summary

Result

procedural. Protected action ballot order granted; voting to close on 14 October 2024; TrueVote Pty Ltd authorised to conduct ballot; undertaking incorporated into order; matter referred to compulsory...

Key principles

The Commission may determine an application for a protected action ballot order under s.437 of the Fair Work Act 2009 on the papers without holding a hearing where the employer...
For a protected action ballot order to be granted, the Commission must be satisfied that there is a notification time in relation to the proposed agreement and that all...
The Commission may accept an undertaking from the applicant union that any industrial action taken by members will be compliant with the requirements of s.415 of the Act, and...
A protected action ballot agent approved under s.468A of the Act is authorised to conduct the ballot [6].

Issues before the court

Whether the Commission should determine the application for a protected action ballot order on the papers without a hearing
Whether the requirements for a protected action ballot order under s.443(1) of the Fair Work Act 2009 have been satisfied

Plain English Summary

The Fair Work Commission granted the Australian Workers' Union a protected action ballot order for City of Hobart employees. Because the employer didn't object after discussions, the Commission decided the case on paper without a hearing. The Commission was satisfied the union had genuinely tried to reach agreement and met all legal requirements. The union gave an undertaking that any industrial action would follow the rules, and the ballot will close on 14 October 2024. The case will now go to a compulsory conciliation conference with another Commission Member.

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Judgment (17 paragraphs)

[1]

Australian Workers' Union v City of Hobart [2024] FWC 2747 (2 October 2024)

[2]

Fair Work Act 2009

[3]

s.437 - Application for a protected action ballot order

[4]

Proposed protected action ballot of employees of City of Hobart

[5]

[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 City of Hobart (City of Hobart or Employer).

[6]

[2] On 2 October 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended following discussions between the parties.

[7]

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[8]

[4] On the basis of the material before me, including the declaration of Robert Flanagan, Assistant Branch Secretary, 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 City of Hobart. 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.

[9]

[5] I observe that the Parties agreed for the AWU to provide the following undertaking, which has also been added to the Order:

[10]

The AWU undertakes that any industrial action taken by members will be compliant with the requirements of s.415 of the Act.

[11]

[6] The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

[12]

[7] 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 14 October 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[13]

[8] An Order has been separately issued in PR779876.

[14]

[9] 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.

[15]

sigSeal of the FWC with with members signature

[16]

[1] This is, in effect, 7 calendar days after the anticipated commencement of the ballot process and was the period sought in the application.

[17]

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