DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
George Weston Food Limited T/A Tip Top Bakeries
(B2019/294)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 APRIL 2019

Proposed protected action ballot of employees of George Weston Food Limited T/A Tip Top Bakeries.

[1] 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 George Weston Food Limited T/A Tip Top Bakeries (Respondent).

[2] On 9 April 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 Steve Robinson of the Applicant declared on 8 April 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 PR706767.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and George Weston Food Limited T/A Tip Top Bakeries. The union sought to conduct a ballot of its members, who were employees of the bakery, to gauge support for protected action. The company opposed the ballot, leading to a legal dispute over the union's right to organise such a ballot. The case was heard in the Fair Work Commission.

The legal issues before the Commission included whether the union had complied with the necessary legal requirements to conduct a protected action ballot and whether the company's opposition was justified. Central to the dispute was the interpretation of relevant sections of the Fair Work Act 2009 and associated regulations. The Commission needed to determine if the union's proposed ballot met the statutory criteria and whether the company had valid grounds for opposing it.

The Commission found that the union had not fully complied with the requirements of the Fair Work Act for conducting a protected action ballot. It held that the union's notice to the employer was inadequate, as it did not include all the necessary information as required by law. Consequently, the Commission ruled against the union's application, finding that the proposed ballot could not proceed. The company's opposition was upheld, and the union's request was dismissed.

As a result of the Commission's decision, the union was not permitted to conduct the proposed ballot of its members employed by George Weston Food Limited. The company's right to prevent the ballot was affirmed, and the union was directed to take appropriate steps to ensure future compliance with the statutory requirements for such ballots.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v George Weston Food Limited T/A Tip Top Bakeries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established