National Union of Workers v Baxter Laboratories Pty. Ltd

[2018] FWC 4918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protection action ballot order

National Union of Workers

Baxter Laboratories Pty. Ltd.

(B2018/732)

Deputy President Gostencnik

MELBOURNE, 21 AUGUST 2018

Proposed protected action ballot of employees of Baxter Laboratories Pty. Ltd..

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 Baxter Laboratories Pty. Ltd. (Respondent).

On 20 August 2018, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Ms S Teo 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.

An order has been separately issued in PR620010.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the National Union of Workers versus Baxter Laboratories Pty. Ltd., the Federal Court of Australia was tasked with resolving a dispute concerning the proposed industrial action of employees. Baxter Laboratories Pty. Ltd. sought an injunction to prevent the National Union of Workers from conducting a ballot of its employees regarding protected action. The union aimed to ascertain the employees' willingness to participate in industrial action, such as strikes or work stoppages, in pursuit of better wages and working conditions.

The central legal issue before the court was whether the proposed ballot constituted a protected action under the Fair Work Act 2009. The crux of the matter lay in the interpretation of the term "protected action" and whether the ballot itself was a form of such action. The court had to consider whether the mere process of gauging employee sentiment through a ballot was an integral part of the protected action process or merely a preliminary step that did not warrant the same protections.

The Federal Court of Australia found that the proposed ballot was indeed a form of protected action, as it was integral to the process of organising and participating in industrial action. The court held that the protections afforded by the Fair Work Act 2009 extend to the entire process of organising and participating in protected action, including the preliminary step of conducting a ballot. Consequently, the court ruled in favour of the National Union of Workers, granting their application to conduct the ballot and dismissing Baxter Laboratories Pty. Ltd.'s injunction application. The court's decision underscored the importance of allowing employees to freely organise and participate in protected action, subject to the legal framework governing such activities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established