National Union of Workers v Bogicevic Family Trust T/A Coolibah Herbs

[2016] FWC 4023

[2016] FWC 4023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Bogicevic Family Trust T/A Coolibah Herbs
(B2016/639)

DEPUTY PRESIDENT CLANCY MELBOURNE, 20 JUNE 2016

Proposed protected action ballot of employees of Bogicevic Family Trust t/as Coolibah Herbs.

[1] On 17 June 2016, the National Union of Workers (the union) applied for a protected action ballot order. 1 In its application, the union sought an order that employees of Bogicevic Family Trust T/A Coolibah Herbs who are members of the union who would be subject to the proposed enterprise agreement be balloted to see if they supported the taking of protected industrial action.

[2] On 17 June 2016, I caused correspondence to be sent to the union and Coolibah Herbs, asking that the union confirm it has given a copy of the application to the Australian Electoral Commission (AEC) within 24 hours after making the application and that Coolibah Herbs confirm its receipt of the application and advise whether it objects to the application and seeks to make submissions.

[3] On 20 June 2016, the union advised that a copy of the application was given to Coolibah Herbs and the AEC within 24 hours after making the application. Coolibah Herbs confirmed receipt of the application and that it did not object to the application. In doing so, Coolibah Herbs did not challenge the union’s assertion that it has been and is genuinely trying to reach agreement with it.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[5] I am satisfied that:

1. The union is a bargaining representative for the employees; 2

2. The application specifies the group of employees to be balloted and the questions to be put to the employees; 3

3. A copy of the application was given to Coolibah Herbs and the AEC within 24 hours of the making of the application; 4

4. The nominal expiry date of the applicable agreement has passed; 5 and

5. The union has been and is genuinely trying to reach agreement with Coolibah Herbs. 6

[6] On the basis of the material before me, I am satisfied that the union has fulfilled the statutory prerequisites for a protected action ballot order, and accordingly, must make a protected action ballot order. An Order will be issued separately to this decision. 7

DEPUTY PRESIDENT

 1 See s.437 of the Fair Work Act 2009.

 2 Ibid, s.437(1).

 3 Ibid, s.437(3).

 4   Ibid, s.440.

 5   Ibid, s.438(1).

 6   Ibid, s.443(1)(b) and Form F34 Application at [4.1].

 7   PR581859.

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