DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Linfox Australia Pty Ltd T/A Linfox Logistics
(B2019/470)

VICE PRESIDENT CATANZARITI

SYDNEY, 14 JUNE 2019

Proposed protected action ballot of employees of Linfox Australia Pty Ltd T/A Linfox Logistics.

[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 Linfox Australia Pty Ltd T/A Linfox Logistics (Respondent).

[2] On 13 June 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Charlie Morgan 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 PR709383.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers sought a declaration in the Fair Work Commission that a proposed protected action ballot of employees of Linfox Australia Pty Ltd T/A Linfox Logistics would be lawful. The Commission found that the ballot was not in accordance with the Fair Work Act and dismissed the application. The Commission held that the ballot notice did not comply with the Act as it did not specify the objects of the industrial action and the proposed commencement date of the action was too vague. The employer argued that the ballot notice was invalid as it did not specify the objects of the industrial action and the proposed commencement date of the action was too vague. The Commission found that the ballot notice did not comply with the Act as it did not specify the objects of the industrial action and the proposed commencement date of the action was too vague. The Commission held that the ballot notice was invalid and dismissed the application. The Commission noted that the objects of the industrial action were not specified in the ballot notice and that the proposed commencement date of the action was too vague. The Commission found that the ballot notice did not comply with the Act and dismissed the application. The Commission made no orders as the application was dismissed.

National Union of Workers v Linfox Australia Pty Ltd T/A Linfox Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established