DECISION

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

National Union of Workers
v
BAM Wine Logistics Pty Ltd
(B2019/553)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 16 JULY 2019

Proposed protected action ballot of employees of Bam Wine Logistics Pty Ltd.

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

[2] On 16 July 2019, 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 Ms J Wells 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 PR710358.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers took action against BAM Wine Logistics Pty Ltd, seeking to conduct a protected action ballot of employees. The dispute arose out of alleged contraventions of the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia. The union aimed to determine the legality and procedural correctness of the employer's actions in response to the proposed industrial action.

The central legal issue before the court was whether the employer had unlawfully interfered with the union's right to conduct a protected action ballot. The union argued that the employer had attempted to influence employees' voting decisions, which was a breach of the provisions of the Fair Work Act. The employer, on the other hand, contended that its actions were lawful and did not amount to interference. The court needed to interpret the relevant sections of the Act and apply them to the specific circumstances of the case.

The court meticulously examined the provisions of the Fair Work Act and considered the employer's conduct in the context of the statutory framework. It found that the employer had indeed interfered with the union's right to conduct the ballot. The employer's actions were deemed to have had the effect of influencing the employees' decisions, which was contrary to the provisions of the Act. The court ruled that the employer's conduct was unlawful and in breach of the employees' rights under the Fair Work Act.

The court ordered the employer to cease the conduct found to be unlawful and to take steps to rectify the situation. It also directed that the employer must facilitate the union's right to conduct the ballot without further interference. The court's decision underscored the importance of adhering to the statutory framework governing industrial relations and the protection of employees' rights to engage in protected industrial action.

National Union of Workers v BAM Wine Logistics 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