DECISION

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

National Union of Workers
v
LD&D Milk Pty Limited
(B2016/797)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 20 JULY 2016

Proposed protected action ballot of employees of LD&D Milk Pty Limited.

[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 LD&D Milk Pty Limited (the Respondent).

[2] On 19 July 2016 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 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 PR582949.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of National Union of Workers v LD&D Milk Pty Limited, the Fair Work Commission was tasked with resolving a dispute regarding a proposed industrial action ballot of employees of LD&D Milk Pty Limited. The National Union of Workers sought to conduct a ballot to gauge employee support for potential protected industrial action, a move contested by LD&D Milk Pty Limited who argued that the proposed ballot did not meet the legal requirements for such actions under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed ballot complied with the procedural and substantive requirements outlined in the Fair Work Act. Specifically, the Commission had to determine whether the ballot notice provided by the union sufficiently informed employees about the potential consequences and details of the industrial action. Additionally, the court had to assess whether the proposed action was related to a "workplace matter" as defined by the Act.

In delivering its decision, the Commission found that the ballot notice was insufficiently detailed to adequately inform the employees about the potential outcomes of the proposed action. The notice failed to clearly outline the specific terms of the action, including the duration and potential impact on employees and operations. The Commission concluded that the lack of detail in the notice meant that employees could not make an informed decision about supporting the proposed action, which was a critical requirement under the Act. Consequently, the Commission ruled in favour of LD&D Milk Pty Limited, preventing the union from proceeding with the ballot.

The Commission's decision highlights the importance of clear and comprehensive communication in the context of industrial action. Employers and unions alike must ensure that any ballot notices are detailed and informative, providing employees with all necessary information to make an informed decision. This ruling serves as a reminder of the stringent procedural requirements that must be met to avoid invalidating proposed industrial action.

National Union of Workers v LD&D Milk Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established