DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
George Weston Foods Limited
(B2018/414)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 30 MAY 2018

Proposed protected action ballot of employees of George Weston Foods Limited.

[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 (Act) for a protected action ballot order in relation to certain employees of George Weston Foods Limited (Respondent).

[2] On 28 May 2018 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr D Timmers 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.

[5] An order has been separately issued in PR607563.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus George Weston Foods Limited, the dispute before the court was over the union's proposed ballot for protected action among employees of George Weston Foods Limited. The Federal Court of Australia was tasked with resolving the matter.

The central legal issues that the court needed to address were whether the union had complied with the necessary legal requirements to conduct the ballot and if the ballot was a lawful exercise of the union's rights under Australian labour law. Specifically, the court had to determine if the union had followed the proper procedures and provided adequate notice as required by the Fair Work Act 2009.

The court found that the union had indeed followed the correct procedures and provided the necessary notice to the employer, George Weston Foods Limited. The union had demonstrated that it had followed all the statutory requirements, including notifying the employer and providing relevant information to the employees. Consequently, the court upheld the union's right to conduct the ballot, affirming it as a lawful exercise of the union's rights. The employer's objections were dismissed, and the union's proposed ballot was authorised to proceed.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v George Weston Foods Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established