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 Foods Limited T/A Don
(B2018/802)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 SEPTEMBER 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 T/A Don (Respondent).

[2] On 6 September 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 King 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 PR700206.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought an injunction against George Weston Foods Limited, trading as Don, to prevent the company from taking certain actions. The union was concerned about the potential for protected action by employees, which would involve a ballot. The Fair Work Commission was the court tasked with resolving this dispute.

The central legal issue the Commission had to decide was whether George Weston Foods Limited could lawfully proceed with a ballot of its employees for proposed protected action. The Commission needed to balance the rights of the employees to organise and engage in protected action against the rights of the employer to manage its business operations. This involved interpreting the relevant provisions of the Fair Work Act 2009 and assessing the specific circumstances of the case.

The Commission carefully considered the evidence presented and the arguments from both parties. It concluded that the employer's proposed actions were permissible under the Act and did not constitute an unfair labour practice. The Commission found that the employer had a legitimate business interest in conducting the ballot and that the process was conducted in a fair and reasonable manner. Consequently, the union's application for an injunction was dismissed.

The Commission's decision was based on a detailed analysis of the relevant statutory provisions and a consideration of the specific facts of the case. The Commission determined that the employer's actions were within the scope of what was allowed under the law and did not infringe upon the rights of the employees or the union. Therefore, George Weston Foods Limited was permitted to proceed with the ballot as planned.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established