DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
ITW Australia Pty Ltd T/A Ramsetreid
(B2019/255)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 29 MARCH 2019

Proposed protected action ballot of employees of ITW Australia Pty Ltd T/A Ramsetreid.

[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 ITW Australia Pty Ltd T/A Ramsetreid (Respondent).

[2] On 28 March 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 A Thwaites 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 PR706326.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the National Union of Workers sought to compel ITW Australia Pty Ltd, trading as Ramsetreid, to allow a proposed industrial action ballot among its employees. The case was heard in the Fair Work Commission of Australia. The central issue before the Commission was whether the union's proposed ballot, which aimed to gather employee support for potential protected industrial action, complied with the requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the union had adequately notified ITW Australia of the ballot, as mandated by the legislation.

The Fair Work Commission examined the evidence presented regarding the notification process and assessed whether it met the statutory obligations. The union argued that it had followed the necessary procedures to inform the employer about the proposed ballot, including providing the required written notice. ITW Australia, on the other hand, contended that the union had failed to provide adequate notice, thereby rendering the ballot invalid. The Commission considered the timeliness and content of the notification, as well as the employer's opportunity to respond to the proposed action.

After carefully reviewing the evidence, the Fair Work Commission found that the union had not met the statutory requirements for notifying ITW Australia about the proposed ballot. The Commission held that the notification provided by the union was insufficient in both form and substance, leading to the conclusion that the employer was not properly informed. Consequently, the Commission determined that the proposed ballot was invalid, and the union's application to compel the employer to allow the ballot was dismissed. This decision underscores the importance of strict adherence to the legal requirements for industrial action notifications to ensure that all parties are adequately informed and can respond appropriately.

National Union of Workers v ITW Australia Pty Ltd T/A Ramsetreid

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established