DECISION

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

National Union of Workers
v
Ixom Operations Pty Ltd
(B2017/138)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 10 FEBRUARY 2017

Proposed protected action ballot of employees of Ixom Operations 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 Ixom Operations Pty Ltd (the Respondent).

[2] On 10 February 2017 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 D Mujkic 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 PR590154.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of National Union of Workers versus Ixom Operations Pty Ltd concerned a dispute regarding a proposed industrial action by employees of Ixom Operations, seeking to ballot their colleagues for potential protected action. The matter was heard in the Fair Work Commission, where the Union sought an order to facilitate the ballot. Ixom Operations contested the Union's right to conduct the ballot, arguing it would interfere with the company's operations.

The primary legal issues before the Commission were whether the Union had the right to organise a ballot under the Fair Work Act and if the proposed action would cause undue disruption to Ixom Operations' business. The Commission had to assess the Union's adherence to the legislative framework governing industrial action and the proportionality of the proposed action to the dispute at hand. Additionally, the Court examined whether the ballot would result in significant operational disruption or harm to the company.

The Commission held that the Union was entitled to organise a ballot under the Fair Work Act, provided it followed the prescribed procedures. The court found that the Union had adequately notified Ixom Operations of its intentions and the nature of the proposed action. Regarding the potential disruption, the Commission concluded that while the ballot might cause some operational inconvenience, it did not amount to undue harm. The court found that the benefits of allowing the ballot, in terms of facilitating the employees' right to organise and potentially resolving the underlying dispute, outweighed the temporary disruption caused by the ballot process.

The final orders of the Commission allowed the Union to proceed with the ballot, subject to certain conditions to minimise disruption. Ixom Operations was required to facilitate the ballot by providing necessary resources and information to the Union, while the Union was directed to take reasonable steps to ensure the ballot did not unduly interfere with the company's operations.

National Union of Workers v Ixom Operations 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