DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Lactalis Australia Pty Ltd
(B2019/685)

DEPUTY PRESIDENT DEAN

SYDNEY, 21 AUGUST 2019

Proposed protected action ballot of employees of Lactalis Australia Pty Ltd .

[1] This is an application by the Australian Workers’ Union (AWU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Lactalis Australia Pty Ltd (Respondent).

[2] On 21 August 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Paul McGrath of the AWU declared on 20 August 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 the requirements in s.443(1) of the Act have been met.

[5] An Order has been separately issued in PR711572.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union initiated proceedings against Lactalis Australia Pty Ltd in the Fair Work Commission. The union sought authorisation for a protected action ballot, aiming to facilitate a potential industrial action by the employees of Lactalis Australia Pty Ltd. The union argued that the proposed industrial action was necessary to resolve an impasse in enterprise bargaining negotiations.

The legal issues central to the case revolved around whether the conditions for a protected action ballot were met under the Fair Work Act. Specifically, the union had to demonstrate that a genuine dispute existed between the union and the employer and that the proposed industrial action was reasonably likely to result in the resolution of that dispute. Additionally, the court needed to determine if the ballot process would be conducted in a fair and lawful manner.

The Fair Work Commission found that the union had established the existence of a genuine dispute, as evidenced by the breakdown in bargaining negotiations and the lack of progress towards a resolution. The Commission also concluded that the proposed industrial action was reasonably likely to result in the resolution of the dispute. Furthermore, the union satisfied the requirements for a lawful and fair ballot process. Consequently, the Commission authorised the union to proceed with the ballot, thereby allowing the employees to potentially engage in protected industrial action.

The final orders of the Commission authorised the union to conduct a ballot of its members, enabling them to vote on the proposed industrial action against Lactalis Australia Pty Ltd. The decision underscored the importance of the legislative framework in facilitating fair and lawful industrial action, while also recognising the rights of employees to take action in pursuit of their bargaining objectives.

Australian Workers' Union, The v Lactalis Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established