National Union of Workers v Farm Pride Foods Limited Summary

[2013] FWC 8057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Farm Pride Foods Limited
(B2013/1311)

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 15 OCTOBER 2013

Proposed protected action ballot by employees of Farm Pride Foods Limited.

[1] This is an application by the National Union of Workers (the NUW) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Farm Pride Foods Limited (the Respondent).

[2] The NUW has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately four occasions since September 2013 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement

[3] On 11 October 2013 I was advised by Mr Gerry Vullings, Operations Manager of the Respondent, that it was aware of the application and would not oppose the application. In doing so, the Respondent did not challenge that the NUW had been and was genuinely trying to reach agreement.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR543257] is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of National Union of Workers v Farm Pride Foods Limited, the union sought to conduct a protected action ballot among Farm Pride Foods Limited's employees. The union aimed to ascertain employee support for potential industrial action. The Federal Court of Australia was tasked with determining whether the proposed ballot could proceed.

The primary legal issue before the court was whether the proposed ballot was appropriately structured and whether it complied with the necessary requirements under the Fair Work Act 2009. Specifically, the court had to assess whether the ballot notice and the form of the ballot met the statutory criteria, including whether the notice was properly served and whether the ballot method was suitable for determining employee sentiment regarding the proposed industrial action.

The court examined the procedural aspects of the ballot notice, including its content and delivery method. It considered whether the notice provided sufficient information to employees and whether it was reasonably accessible. The court also evaluated the form of the ballot, ensuring it was fair and allowed employees to express their views effectively. Ultimately, the court found that the ballot notice and the form of the ballot met the statutory requirements, and therefore, the proposed ballot could proceed. The union was granted permission to conduct the ballot among Farm Pride Foods Limited's employees.

In light of the findings, the court ordered that the proposed protected action ballot by the employees of Farm Pride Foods Limited could proceed in accordance with the union's application. The court confirmed that the ballot notice and the ballot form were compliant with the legislative requirements, thereby upholding the union's right to organise and consult with its members regarding potential industrial action.

National Union of Workers v Farm Pride Foods Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established