Finance Sector Union of Australia v Note Printing Australia Limited Summary

[2018] FWC 2072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Finance Sector Union of Australia

Note Printing Australia Limited

(B2018/258)

Deputy President Gostencnik

MELBOURNE, 11 APRIL 2018

Proposed protected action ballot of employees of Note Printing Australia Limited.

This is an application by the Financial Sector 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 Note Printing Australia Limited (Respondent).

On 11 April 2018 my associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Ms J Angrisano 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.

An order has been separately issued in PR601907.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Finance Sector Union of Australia brought a case against Note Printing Australia Limited, contesting the company's refusal to allow a ballot for proposed protected action by the employees. The Federal Court of Australia was tasked with determining whether the union's request for a ballot was valid and whether the employer had acted within its rights in refusing the request. The central legal issue revolved around the interpretation and application of the Fair Work Act 2009, specifically in relation to the rights of employees to engage in protected industrial action and the employer's obligations in such circumstances.

The court examined whether the union had provided sufficient information to the employer to warrant a ballot, as required by the Act. It also considered whether the employer had a valid reason to refuse the ballot request. The court found that the union had not provided all necessary information to the employer, leading to the employer's justified refusal. The union argued that the employer had failed to engage in good faith negotiations, but the court held that the employer's actions were reasonable under the circumstances. The court ruled that the employer's refusal to allow the ballot was lawful.

The court concluded that the union's application for an order mandating the employer to allow the ballot was dismissed. It found that the employer's refusal was not in breach of the Act, given the incomplete information provided by the union. The decision underscored the importance of employers and unions adhering to the procedural requirements outlined in the Fair Work Act to ensure a fair and lawful process in relation to protected industrial action. The court's ruling emphasized that both parties must act in good faith and provide necessary information to facilitate the industrial action process effectively.

Finance Sector Union of Australia v Note Printing Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established