Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Bega Cheese Limited

[2022] FWC 2385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Bega Cheese Limited

(B2022/1320)

VICE PRESIDENT CATANZARITI

SYDNEY, 8 SEPTEMBER 2022

Proposed protected action ballot of employees of Bega Cheese Limited

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Bega Cheese Limited (Respondent).

On 5 September 2022, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Matthew McCann of the Applicant declared on 2 September 2022, 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 PR745609.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against Bega Cheese Limited. The union sought a protected action ballot order for certain employees under section 437 of the Fair Work Act 2009. Bega Cheese Limited did not oppose the application, and the matter was decided on the papers without a hearing.

The key legal issue before the Commission was whether the union had satisfied the conditions required to proceed with a protected action ballot. Specifically, the Commission had to determine if the union had genuinely attempted to reach an agreement with the employer and if the notification period as stipulated in the Act had been met. The union provided a statutory declaration by Matthew McCann which outlined the union's bargaining efforts and demonstrated that it had been genuinely trying to reach an agreement with Bega Cheese Limited.

The Commission found that the union had met the requirements under section 443(1) of the Act, including the notification time for the proposed agreement. Consequently, the application for a protected action ballot was granted, and an Order was issued.

The final orders included granting the union's application for a protected action ballot, with the necessary notification and procedural requirements having been satisfied. This decision allowed the union to proceed with the ballot as part of its efforts to negotiate with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established