Australian Workers' Union v Inghams Enterprise Pty Ltd T/A Inghams

[2022] FWC 1178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Workers’ Union
v

Inghams Enterprise Pty Ltd T/A Inghams

(B2022/433)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 16 MAY 2022

Proposed protected action ballot of employees of Inghams Enterprise Pty Ltd T/A Inghams.

This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Inghams Enterprise Pty Ltd T/A Inghams (the Respondent).

On 16 May 2022, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the declaration of Danny Mundey of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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.

An order has been separately issued in PR741642.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Inghams Enterprise Pty Ltd, trading as Inghams. The dispute was heard by Deputy President Clancy in Melbourne on 16 May 2022. The application was made without objection from Inghams Enterprise Pty Ltd, allowing the Deputy President to determine the matter based on the available documents. The AWU sought to conduct a protected action ballot to ascertain its members' willingness to participate in industrial action.

The primary legal issue the court needed to address was whether the AWU had fulfilled the conditions for a protected action ballot as stipulated in section 443(1) of the Fair Work Act 2009. This involved verifying that the AWU had genuinely attempted to reach an agreement with Inghams Enterprise Pty Ltd and that a notification period for the proposed agreement had been established. The Deputy President examined the declaration provided by Danny Mundey of the AWU, which detailed the union's bargaining efforts and its attempts to reach an agreement with Inghams.

After reviewing the evidence, Deputy President Clancy determined that the AWU had satisfied the requirements for a protected action ballot. The union had indeed made genuine efforts to negotiate with Inghams and had established a notification period for the proposed agreement. Consequently, the Deputy President concluded that the AWU was entitled to conduct the ballot. An order was issued separately in PR741642, formalising the decision.

The court's decision allowed the AWU to proceed with the protected action ballot among the employees of Inghams Enterprise Pty Ltd. The determination confirmed the union's right to assess its members' readiness for potential industrial action following the completion of the ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established