| [2018] FWC 4180 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Workers' Union, The
v
W.H.Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill
(B2018/587)
| DEPUTY PRESIDENT ASBURY | BRISBANE, 16 JULY 2018 |
Proposed protected action ballot of employees of W.H. Heck & Sons Pty Ltd.
This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers' Union (the AWU). The AWU seeks a protected action ballot order in relation to certain employees of WH Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill (the Employer).
On 12 July 2018 correspondence was received from the Employer advising that it objected to the proposed orders sought by the AWU. At 3.08 pm on 12 July 2018, I issued directions requiring the Employer to file material stating the grounds on which it objected to the proposed order by 2.00 pm 13 July 2018, and the application was listed for Hearing on 16 July 2018.
At 3.49 pm on 12 July 2018 correspondence was received from the Employer requesting an extension in which to file its material, and an adjournment of the listed hearing. The Employer was granted an extension until close of business on 13 July 2018 to file its material.
Subsequent correspondence was received from the Employer at 2.46 pm on 13 July 2018 advising that the Employer no longer opposed the application. I advised the Parties that as the application was no longer being opposed, I proposed to determine the application on the basis of the filed material, subject to any objection by either party by 5.00pm that day. No correspondence was received stating any objection.
On the basis that the Employer does not object to the application, and after considering the information set out in the application and the accompanying Form F34B statutory declaration of Mr Jason Robert Shepherd, Union Organiser, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR609030] will issue at the same time as this decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR609026>
- AGLC
- Australian Workers' Union, The v W.H.Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill [2018] FWC 4180
- Case
- [2018] FWC 4180
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the union's ballot complied with the legislative framework governing industrial action. Specifically, the Commission needed to determine whether the union's notice of the proposed ballot was adequately detailed and whether it provided sufficient information to the employees to enable an informed decision. Additionally, the Commission examined whether the proposed action met the criteria for protected action as outlined in the legislation.
The Fair Work Commission found that the union's ballot did not comply with the statutory requirements. The Commission identified several deficiencies in the union's notice, including insufficient detail regarding the nature of the proposed industrial action and the reasons for it. Consequently, the Commission ruled that the proposed ballot was invalid and did not permit the union to proceed with the ballot as it stood. The Commission emphasised the importance of providing clear and comprehensive information to employees to ensure they could make an informed decision about participating in protected action.
As a result of the Commission's determination, the union's application to conduct the proposed ballot was dismissed. The Commission's decision underscored the necessity for unions to adhere strictly to the statutory requirements when seeking to ballot employees for protected action. The case highlights the importance of providing detailed and transparent information to employees to facilitate informed decision-making regarding industrial action.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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