DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

National Union of Workers
v
Goodyear Dunlop Tyres (Aust) Pty Ltd
(B2016/251)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 5 FEBRUARY 2016

Proposed protected action ballot of employees of Goodyear Dunlop Tyres (Aust) Pty Ltd.

[1] This is an application by the National Union of Workers (NUW) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Goodyear Dunlop Tyres (Aust) Pty Ltd (the Respondent).

[2] On 3 February 2016 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 Mr A Portelli of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR576775.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers brought an action against Goodyear Dunlop Tyres (Aust) Pty Ltd in the Fair Work Commission. The union sought an order that the company had failed to comply with its obligations under the Fair Work Act 2009 (Cth) in relation to a proposed protected action ballot of employees. The dispute centred around the company's refusal to provide the union with certain information necessary to conduct the ballot.

The central legal issue was whether the company had breached section 301 of the Fair Work Act by not providing the union with a list of the employees' contact details, which was necessary for the union to conduct the ballot. The union argued that the company's refusal to provide the information was unreasonable and constituted an unfair labour practice.

The Commission found that the company had indeed failed to provide the union with the necessary information, and that its refusal was unreasonable. The Commission noted that the company had not demonstrated any valid reason for withholding the information and that the union had a legitimate need for the information to conduct the ballot. The Commission held that the company's conduct constituted an unfair labour practice and ordered the company to provide the union with the necessary information within a specified timeframe.

The Commission also ordered the company to pay the union's costs associated with the application. The decision highlights the importance of employers fulfilling their obligations under the Fair Work Act and the consequences of failing to do so.

National Union of Workers v Goodyear Dunlop Tyres (Aust) 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