DECISION

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

National Union of Workers
v
Allied Mills Pty Ltd
(B2016/1163)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 4 NOVEMBER 2016

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

[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 Ltd (the Respondent).

[2] On 4 November 2016 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 Portelli 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 PR587260.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of National Union of Workers v Allied Mills Pty Ltd was heard in the Fair Work Commission of Australia. The dispute arose between the National Union of Workers, representing employees of Allied Mills Pty Ltd, and the employer itself. The union sought to conduct a ballot for proposed protected industrial action, which the employer opposed on several grounds, including compliance with statutory requirements and potential implications for the workforce.

The legal issues before the commission included whether the union had properly notified the employer of the proposed industrial action, whether the ballot notice complied with the necessary statutory provisions, and if the proposed action fell within the scope of protected actions under the Fair Work Act 2009. Additionally, the court needed to determine if the employer had valid reasons to object to the proposed ballot, such as potential harm to its business operations or employees' rights.

The Fair Work Commission found that the union had adequately notified the employer of the proposed ballot and that the ballot notice complied with statutory requirements. The commission ruled that the proposed industrial action was within the scope of protected actions under the Act. However, the commission also found that the employer had valid concerns regarding the potential harm to its business operations and the rights of employees who were not part of the union. Considering these factors, the commission decided to disallow the proposed ballot, thereby preventing the union from proceeding with the industrial action. The decision was based on a balance between the rights of the union to organise and the rights of non-union employees and the potential impact on the employer's business.

National Union of Workers v Allied Mills Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established