National Union of Workers v GPC Asia Pacific Ltd

[2019] FWC 4702

[2019] FWC 4702

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
GPC Asia Pacific Ltd
(B2019/525)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 5 JULY 2019

Proposed protected action ballot of employees of GPC Asia Pacific Distribution Centre Victoria.

[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 GPC Asia Pacific Ltd (Respondent).

[2] The Respondent initially objected on the grounds that the questions were grouped together as one question and therefore did not provide employees with the opportunity respond to each form of industrial action individually.

[3] The Respondent also objected to the proposed types of industrial action numbered 5 - 7 which are as follows:

5. An unlimited number bans on all data collection and/or data entry and/or paperwork of indefinite duration;

6. An unlimited number of bans on the loading of trucks of indefinite duration; and

7. An unlimited number of bans on the unloading of trucks of indefinite duration.

The Respondent objected to these questions on the grounds that they constituted the same effect as the proposed industrial action numbered 3, ‘an unlimited number of stoppages of work’.

[4] My Associate advised the Respondent that in any order that I make the questions will not be grouped together so that employees may respond to the questions separately. My Associate also advised them that I am not persuaded that questions 5 - 7 have the same effect as question 3. There is a difference between a limitation on work (a ban) and a complete stoppage of work.

[5] On 5 July 2019 the Respondent advised my Associate that they had no further objections to the application.

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

[7] On the basis of the material before me, including the statutory declaration of Mr M Toner 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.

[8] An order has been separately issued in PR710072.

DEPUTY PRESIDENT

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