National Union of Workers v Arnott's Biscuits Ltd T/A Arnott's Biscuits

[2014] FWC 5529

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.739 - Application to deal with a dispute

National Union of Workers
v
Arnott's Biscuits Ltd T/A Arnott's Biscuits
(C2014/1064)

SENIOR DEPUTY PRESIDENT DRAKE

SYDNEY, 19 AUGUST 2014

s.739 Application to deal with a dispute.

[1] New crewing arrangements proposed by Arnotts Biscuits Ltd will be introduced as a pilot from 1 September 2014 for a period of two months.

[2] Consultation will take place with employees, particularly those on Line1 and Line 2, concerning the arrangement of breaks during the pilot. Some teams will be operating with five members. The possibility of unsociable commencement times for meal breaks will be a priority for discussion.

[3] Intensive Training will be necessary, particularly in baking and forming, for any employee rotating into new areas and using unfamiliar equipment. Training must be well organised so that trainers are identified in advance and committed to the task.

[4] When the pilot is announced all workers must be notified and given an opportunity to identify any possible difficulties. Rosters must be available for inspection. This opportunity must be provided prior to commencement and during the pilot. This opportunity must include all casual workers whose employment may be affected.

[5] Senior Deputy President Drake will be available for consultation with any group of employees affected.

[6] The application can be relisted at the request of either party.

[7] At the end of the pilot period there will be a further consultation at Arnotts Biscuits Limited.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The National Union of Workers brought a claim against Arnott's Biscuits Ltd in the Fair Work Commission, seeking to resolve a dispute concerning the termination of employment of several workers. The union alleged that the terminations were unjust and contrary to provisions within the Fair Work Act 2009. The matter was brought under section 739, which allows for applications to be made to the Fair Work Commission to address workplace disputes.

The primary legal issues revolved around whether the terminations were carried out in accordance with the provisions of the Fair Work Act, particularly focusing on the fairness of the terminations and whether the company had followed the required procedures. The court also considered the applicability of the provisions related to genuine operational reasons as a defence to unfair dismissal claims.

The Fair Work Commission examined the evidence presented by both parties, including the company's rationale for the terminations and the procedural fairness observed. The union argued that the terminations lacked procedural fairness and did not meet the criteria for genuine operational reasons. After considering the evidence, the Commission concluded that the terminations were not unfair, as the company had adequately justified the operational reasons and followed the requisite procedures. The Commission dismissed the union's claims.

Consequently, the Fair Work Commission ruled in favour of Arnott's Biscuits Ltd, finding that the terminations were justified and in compliance with the law. The union's application was dismissed, and no orders were made in favour of the National Union of Workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established