National Union of Workers v BlueScope Distribution Pty Ltd

[2019] FWC 6874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Union of Workers

BlueScope Distribution Pty Ltd

(B2019/1156)

Deputy President Gostencnik

MELBOURNE, 4 OCTOBER 2019

Proposed protected action ballot of employees of BlueScope Distribution 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 BlueScope Distribution Pty Ltd (Respondent).

On 4 October 2019, 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 Mr H Lamaro 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 PR713038.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers sought to conduct a protected action ballot of the employees of BlueScope Distribution Pty Ltd. The union argued that the proposed ballot was in relation to industrial action, and that it should be allowed to proceed. BlueScope Distribution Pty Ltd opposed the ballot, arguing that it did not relate to industrial action, and that the union did not have the right to conduct it. The Fair Work Commission was tasked with determining whether the proposed ballot related to industrial action and whether the union had the right to conduct it.

The Commission examined the nature of the proposed ballot and considered whether it was in relation to industrial action. The Commission noted that the ballot related to a potential industrial action, but that it did not relate to the employees' terms and conditions of employment or their employment. The Commission found that the proposed ballot did not relate to industrial action, and that the union did not have the right to conduct it. The Commission noted that the proposed ballot was a preliminary step in a process to determine whether industrial action would be taken, and that it did not constitute industrial action itself.

The Fair Work Commission held that the proposed ballot did not relate to industrial action and that the union did not have the right to conduct it. The Commission found that the proposed ballot was a preliminary step in a process to determine whether industrial action would be taken, and that it did not constitute industrial action itself. The Commission concluded that the union's right to conduct a ballot was limited to ballots that related to industrial action, and that the proposed ballot did not meet this criterion. The Commission dismissed the union's application to conduct the proposed ballot.

The Fair Work Commission dismissed the application of the National Union of Workers to conduct a protected action ballot of the employees of BlueScope Distribution Pty Ltd. The Commission found that the proposed ballot did not relate to industrial action and that the union did not have the right to conduct it. The Commission held that the proposed ballot was a preliminary step in a process to determine whether industrial action would be taken, and that it did not constitute industrial action itself. The Commission dismissed the union's application and made no order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established