DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
E.L. Bell Packaging Pty Ltd
(B2019/628)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 AUGUST 2019

Proposed protected action ballot of employees of E L Bell Packaging Pty Ltd.

[1] 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 E.L. Bell Packaging Pty Ltd (Respondent).

[2] On 7 August 2019, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ms Deeana Predic 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.

[5] An order has been separately issued in PR711098.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the National Union of Workers and E.L. Bell Packaging Pty Ltd. The Union sought to conduct a ballot of the company's employees to gauge support for protected action, specifically a strike. E.L. Bell Packaging opposed the ballot, contending it was not necessary and would disrupt their business operations.

The primary legal issues before the Commission were whether the Union had met the prerequisites for holding a ballot under the Fair Work Act 2009, and whether the proposed industrial action was protected action as defined by the Act. The Commission needed to determine if the Union's application complied with the procedural and substantive requirements for a lawful ballot and if the proposed action was genuinely for the purpose of improving the employees' working conditions or terms of employment.

The Fair Work Commission found that the Union's application was procedurally valid, and the proposed industrial action was protected action. The Commission held that the Union had met the necessary conditions to hold the ballot, including providing the requisite notice to the employer and ensuring the ballot would not cause undue hardship to the company. The Commission also found that the proposed action was genuinely for the purpose of improving the employees' working conditions, as evidenced by the Union's documentation and the nature of the issues being addressed. The Commission concluded that the Union had satisfied all requirements for holding the ballot and ordered the company to facilitate the ballot as requested.

National Union of Workers v E.L. Bell Packaging 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