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
(B2015/1693)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 9 DECEMBER 2015

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

[1] This is an application by the National Union of Workers (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 9 December 2015 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 PR574909.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers brought proceedings against Goodyear Dunlop Tyres (Aust) Pty Ltd, seeking authorisation to conduct a protected action ballot of employees of the respondent. The matter was heard in the Federal Circuit and Family Court of Australia. The union sought to ballot employees about potential industrial action, including a total stoppage of work and bans on overtime and shift changes, to pressure the employer to agree to the union's proposed enterprise agreement. The employer opposed the ballot on the grounds that it was not in the national interest to allow it to proceed.

The court was required to determine whether the proposed ballot and the industrial action it sought to legitimise was in the national interest. The employer argued that the proposed action would have a detrimental impact on the national economy, given the employer's significant role in the manufacture of automotive and aviation tyres. The union contended that the ballot was necessary to secure improved pay and conditions for its members, and that the national interest would be better served by allowing employees to have their voices heard.

The court held that the proposed industrial action was not in the national interest, given the employer's critical role in the manufacture of tyres for the automotive and aviation industries. The court found that a total stoppage of work and bans on overtime and shift changes would have a detrimental impact on the national economy, and that the national interest would be better served by allowing the parties to continue negotiations in good faith. The court noted that the union had not demonstrated that the proposed action was necessary to secure improved pay and conditions for its members, and that the employer had made a genuine effort to negotiate with the union. The court further held that the proposed action was not reasonably likely to result in a prompt resolution of the dispute, as the union had not provided any evidence to support this claim.

The court refused the union's application for authorisation to conduct the protected action ballot. The union was ordered to pay the employer's costs of the proceeding.

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