Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Saputo Dairy Australia Pty Ltd

Case [2023] FWC 1062
[2023] FWC 1062

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

Saputo Dairy Australia Pty Ltd

(B2023/408)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 5 MAY 2023

Proposed protected action ballot of employees of Saputo Dairy Australia Pty Ltd.

  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 Saputo Dairy Australia Pty Ltd (Respondent).

  1. On 5 May 2023, my Associate was advised that the Respondent did not object to the application.

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

  1. On the basis of the material before me, including the declaration of Ms Chelsea Hill 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.

  1. An order has been separately issued in PR761652.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR761650>

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Saputo Dairy Australia Pty Ltd [2023] FWC 1062
Case
[2023] FWC 1062
Decision Date

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for a protected action ballot order concerning certain employees of Saputo Dairy Australia Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, seeking permission to hold a ballot for protected action. The Respondent did not object to the application, leading the Deputy President to determine the matter without a hearing.

The legal issues before the Deputy President involved whether the union had genuinely tried to reach agreement with the employer and if the notification time for the proposed agreement was appropriate. The union submitted a declaration from Ms Chelsea Hill, outlining the steps taken during the bargaining process and asserting the union's genuine efforts to reach an agreement with the employer. The Deputy President considered this material, along with the requirements of section 443(1) of the Fair Work Act.

Upon reviewing the evidence, the Deputy President concluded that the union had genuinely attempted to negotiate with the employer and that the notification time for the proposed agreement was satisfactory. The Deputy President was satisfied that the conditions for a protected action ballot were met. Consequently, the application for a ballot order was granted, and a separate order was issued.

The Deputy President's decision effectively allows the union to proceed with the ballot for protected action, provided it follows the legal requirements and timelines stipulated under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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