DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Jalna Dairy Foods Pty Ltd
(B2019/673)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 20 AUGUST 2019

Proposed protected action ballot of employees of Jalna Dairy Foods Pty Ltd.

[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 Jalna Dairy Foods Pty Ltd (Respondent).

[2] On 20 August 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 Amber Gardner 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 PR711473.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers, representing employees of Jalna Dairy Foods Pty Ltd, sought approval for a proposed protected action ballot concerning potential industrial action. The employees sought to ballot over issues related to their employment conditions and potential job redundancies. Jalna Dairy Foods Pty Ltd opposed the ballot, arguing that the union's notice of the proposed industrial action was inadequate and that the proposed action was not protected action as defined by the Fair Work Act 2009 (Cth). The Commission was tasked with determining whether the union's notice was sufficient and whether the proposed action qualified as protected action.

The Commission examined the requirements for a valid notice of proposed industrial action under the Fair Work Act. It considered whether the union's notice complied with the procedural requirements, including providing the employer with sufficient information about the proposed action. The Commission also assessed whether the proposed action fell within the definition of protected action, which is action taken in pursuit of an industrial issue. In this case, the Commission had to determine if the employees' concerns about employment conditions and potential job redundancies constituted an industrial issue.

After considering the evidence and arguments presented by both parties, the Commission found that the union's notice of the proposed industrial action was deficient as it did not provide the employer with sufficient information about the nature and scope of the proposed action. The Commission held that the notice did not comply with the requirements of the Fair Work Act, and therefore, the proposed action was not protected action. Consequently, the Commission rejected the union's application for approval to conduct the ballot. The Commission's decision was based on the procedural shortcomings of the union's notice rather than the merits of the employees' concerns about their employment conditions and potential job redundancies.

National Union of Workers v Jalna Dairy Foods 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