DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
GCP Australia Pty Ltd
(B2019/697)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 AUGUST 2019

Proposed protected action ballot of employees of GCP Australia 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 GCP Australia Pty Ltd (Respondent).

[2] On 23 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 matters 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 PR711659.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers brought an action against GCP Australia Pty Ltd in the Fair Work Commission, seeking authorisation for a proposed protected action ballot among employees of GCP. The ballot was intended to gauge employee support for potential industrial action. The dispute arose from disagreements over workplace conditions and alleged breaches of employment contracts by GCP.

The primary legal issues before the Commission were whether the proposed industrial action was protected action within the meaning of the Fair Work Act, and whether the ballot process complied with the statutory requirements for authorisation. The Commission had to determine if the ballot was reasonably likely to result in protected action and if the proposed action was for a "primary dispute" within the scope of the Act.

The Commission found that the proposed industrial action was protected action, as it related to a genuine dispute concerning employees' conditions of employment. The ballot process was deemed to comply with the statutory requirements, as it was conducted in a fair and transparent manner. Consequently, the Commission authorised the ballot, concluding that it was reasonably likely to result in protected action and that the dispute qualified as a primary dispute. The decision was made in favour of the National Union of Workers, allowing the proposed ballot to proceed.

The Fair Work Commission ordered that GCP Australia Pty Ltd permit the National Union of Workers to conduct the proposed ballot among its employees. The authorisation was subject to compliance with specific conditions outlined by the Commission to ensure the process remained fair and lawful. This decision affirmed the rights of employees to engage in protected action and the role of the Commission in overseeing such processes.

National Union of Workers v GCP Australia 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