DECISION

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

National Union of Workers
v
BlueScope Distribution Pty Ltd
(B2016/1040)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 27 SEPTEMBER 2016

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

[2] On 27 September 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 G Maas of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR585876.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers (the Union) sought to conduct a ballot of employees of BlueScope Distribution Pty Ltd (BlueScope) regarding proposed protected action. The Union's application was brought in the Fair Work Commission (the Commission) and subsequently appealed to the Federal Court. BlueScope opposed the ballot, arguing that the Union did not have a sufficient number of members who were eligible to participate in the proposed protected action. The Federal Court was required to determine whether the Union had satisfied the requirements of section 346 of the Fair Work Act 2009 (Cth) in order to conduct the ballot.

The Court found that the Union had not satisfied the requirements of section 346 of the Fair Work Act as it did not have a sufficient number of members eligible to participate in the proposed protected action. The Court noted that the Union had not provided evidence of the eligibility of its members to participate in the proposed protected action and that the evidence provided was insufficient to establish the necessary eligibility. The Court held that the Union's application should be dismissed.

The Court noted that the Union had not provided sufficient evidence of the eligibility of its members to participate in the proposed protected action. The Court held that the Union had failed to satisfy the requirements of section 346 of the Fair Work Act and that the application should be dismissed. The Court did not make any orders.

National Union of Workers v BlueScope Distribution 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