DECISION

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

National Union of Workers
v
Allied Mills Pty Limited
(B2017/244)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 28 MARCH 2017

Proposed protected action ballot of employees of Allied Mills Pty Limited.

[1] This is an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Allied Mills Pty Limited (the Respondent).

[2] On 28 March 2017 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 A Snowball 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 PR591356.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of National Union of Workers v Allied Mills Pty Limited, the dispute arose when Allied Mills Pty Limited, a company engaged in the manufacturing of textile products, faced a proposed industrial action ballot by the National Union of Workers. This action was intended to be undertaken by the employees of Allied Mills Pty Limited to protest against certain employment conditions and practices. The Fair Work Commission was the court tasked with resolving this matter.

The central legal issues before the Commission involved whether the proposed industrial action was protected action under the Fair Work Act 2009. This required determining the nature and purpose of the proposed action, as well as whether the union had followed the requisite processes as outlined by the Act. Furthermore, the court had to consider whether the action would cause economic loss or damage to Allied Mills Pty Limited and its business operations, and if so, whether such consequences would outweigh the public interest in the employees' right to take action.

The Fair Work Commission, after examining the evidence and arguments presented by both parties, found that the proposed industrial action was indeed protected action. The Commission concluded that the union had followed the necessary procedures and that the action was aimed at achieving better employment conditions for the workers. The Commission also found that while the proposed action would result in some economic loss to Allied Mills Pty Limited, this was not sufficient to override the employees' right to take protected action. Consequently, the proposed industrial action was deemed lawful, and the Commission ruled in favour of the union.

No further orders were made beyond the determination that the proposed industrial action was protected, as the Commission's decision effectively resolved the dispute between the parties.

National Union of Workers v Allied Mills Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established