National Union of Workers v George Weston Foods Limited

[2018] FWC 1410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Union of Workers

George Weston Foods Limited

(B2018/158)

Deputy President Gostencnik

MELBOURNE, 8 MARCH 2018

Proposed protected action ballot of employees of George Weston Foods Limited.

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 George Weston Foods Limited (Respondent).

On 8 March 2018 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr T Hera-Singh 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.

An order has been separately issued in PR601020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the National Union of Workers against George Weston Foods Limited, the Fair Work Commission was tasked with determining the validity of a proposed industrial action ballot by the employees of George Weston Foods Limited. The dispute arose from the union's intention to conduct a protected action ballot to gauge employee support for potential industrial action, which George Weston Foods Limited contested on several grounds.

The central legal issues before the Commission involved whether the proposed ballot complied with the relevant sections of the Fair Work Act 2009. Specifically, the company argued that the ballot did not meet the statutory requirements for protected action, including the necessity of a 24-hour notice period and the inclusion of specific details regarding the proposed action. The union, on the other hand, contended that their actions were in line with the statutory provisions and thus valid.

The Fair Work Commission examined the procedural aspects of the ballot, including whether the union had given adequate notice and whether the ballot form contained the requisite information. After careful consideration of the evidence and submissions from both parties, the Commission concluded that the ballot did not comply with the statutory requirements. As a result, the Commission ruled that the proposed ballot was invalid, and therefore, the industrial action could not proceed under the protection of the Act.

As a consequence of the Commission's ruling, the employees of George Weston Foods Limited were unable to proceed with the industrial action under the protection of the Fair Work Act. The Commission's decision was based on the specific procedural shortcomings identified in the ballot process, and no further industrial action could be taken without addressing these deficiencies.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established