Mrs Diane Wiburd v Grandbridge Limited

Mrs Diane Wiburd, an employee of Orica Australia Pty Ltd, sought an order in the Fair Work Commission for a protected action ballot of employees to be held in relation to proposed changes to their employment conditions. Grandbridge Limited, Orica’s employer, opposed the application on the basis that the proposed changes were not to be implemented in the form that Mrs Wiburd proposed. The matter was determined by the Fair Work Commission, a federal court with industrial and labour jurisdiction in Australia.

The primary legal issue before the Commission was whether a ballot could proceed in circumstances where there was a genuine dispute about the nature of the proposed changes to employment conditions. The Commission was required to determine if the employees' proposed ballot was a genuine expression of their wishes, and whether it was necessary to proceed with the ballot in order to resolve the dispute.

The Commission found that there was a genuine dispute between the parties as to the nature of the proposed changes, and that a ballot was not necessary to resolve the dispute. The Commission held that the proposed changes were not in the form that Mrs Wiburd had suggested, and that there was no consensus between the parties on the terms of the proposed changes. The Commission concluded that a ballot was not necessary to determine the true nature of the dispute, and dismissed Mrs Wiburd’s application.

No orders were made by the Commission, as the application for a ballot was dismissed.