DECISION

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

National Union of Workers
v
Calendar Cheese Co Pty Ltd
(B2015/1477)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 22 OCTOBER 2015

Proposed protected action ballot of employees of Calendar Cheese Co 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 Calendar Cheese Co Pty Ltd (the Respondent).

[2] On 22 October 2015 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 A Portelli 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 the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR573185.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of National Union of Workers versus Calendar Cheese Co Pty Ltd was heard in the Fair Work Commission. The dispute arose when the employees, represented by the National Union of Workers, sought to conduct a protected action ballot. The Calendar Cheese Co Pty Ltd contested the validity of the ballot, arguing that the union's proposed action did not comply with the necessary statutory requirements and was therefore unlawful. The legal issues for the court to determine included whether the union's proposed action met the prerequisites for a lawful protected action ballot, and whether the union had acted in accordance with the applicable provisions of the Fair Work Act 2009.

The Fair Work Commission, in considering the arguments presented, focused on the procedural validity of the ballot as well as the nature of the proposed action. The court examined the union's right to conduct a ballot under the Fair Work Act, emphasising the importance of procedural compliance. It was determined that the union had not followed the correct procedures to notify the employer of the intended ballot, nor had it provided the necessary details about the proposed action. Additionally, the court considered the scope and nature of the proposed action, and whether it was sufficiently connected to a workplace dispute. The court concluded that the union's failure to adhere to the statutory requirements rendered the ballot unlawful.

Ultimately, the Fair Work Commission ruled in favour of the Calendar Cheese Co Pty Ltd, finding that the union's proposed protected action ballot was invalid due to non-compliance with the statutory requirements. The court did not proceed to address the substantive aspects of the proposed action, as the procedural deficiencies were determinative. The union was directed to cease the ballot and to adhere to the proper procedures in any future attempts to conduct a ballot. The employer was also advised to engage in good faith negotiations with the union to resolve any workplace issues that may have led to the proposed action.

National Union of Workers v Calendar Cheese Co 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