National Union of Workers v Close the Loop Ltd Summary

[2014] FWC 3462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Close The Loop Ltd
(B2014/805)

COMMISSIONER RYAN

MELBOURNE, 26 MAY 2014

Proposed protected action ballot by employees of Close The Loop Ltd.

[1] This is an application for a protected action ballot of members of National Union of Workers (NUW) employed by Close The Loop Ltd (the employer).

[2] Following contact with the employer by my associate, Mr Richard Bushnell for the employer emailed my chambers indicating that the employer did not oppose this application.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The NUW has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Paul Richardson, Assistant General Secretary of the NUW.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order in the terms sought by the NUW.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers contested a decision by Close the Loop Ltd regarding a proposed protected action ballot. The dispute involved employees seeking to ballot for potential industrial action due to dissatisfaction with their employment terms and conditions. The central issue before the Commission was whether the company's refusal to facilitate the ballot was justified under the Fair Work Act 2009.

The Commission examined the procedural requirements outlined in the Act and the obligations of both the employer and the union in initiating and conducting a protected action ballot. The key legal issue was whether Close the Loop Ltd had valid grounds to object to the ballot, particularly focusing on the union's compliance with the notice provisions and the potential impact on the company's operations. The Commission considered whether the union had provided adequate notice and whether the proposed industrial action was genuinely related to the employees' employment terms.

The Commission concluded that Close the Loop Ltd's refusal to facilitate the ballot was not justified. It found that the union had adhered to the necessary procedural requirements, including providing the requisite notice to the company. The Commission also determined that the proposed industrial action was directly related to the employees' employment terms, thus qualifying as protected action under the Act. Consequently, the Commission ordered Close the Loop Ltd to facilitate the ballot as requested by the union.

National Union of Workers v Close the Loop Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established