DECISION

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

National Union of Workers
v
Longwarry Food Park Pty Ltd
(B2016/530)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 17 MAY 2016

Proposed protected action ballot order of employees of Longwarry Food Park 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 Longwarry Food Park Pty Ltd (the Respondent).

[2] On 17 May 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 Ms H. Miflin 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 PR580437.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the court involved a dispute between the National Union of Workers and Longwarry Food Park Pty Ltd. The union sought an order for employees of the company to vote in a ballot regarding potential protected action, specifically protected industrial action. The court was tasked with determining whether the union's application met the statutory requirements for such an order under the Fair Work Act 2009 (Cth).

The primary legal issue was whether the union had provided sufficient evidence to demonstrate that it represented a majority of the employees who were eligible to participate in the ballot. The union argued that it had provided sufficient evidence, while the company contended that the union had not met the requirements set out in the Fair Work Act. The court had to consider the relevant provisions of the Act and the evidence presented by both parties to make its determination.

The court examined the evidence provided by the union and the submissions made by both parties. It concluded that the union had provided adequate evidence to support its claim that it represented a majority of the eligible employees. The court found that the union's evidence, which included signed membership forms and a declaration from a union official, met the statutory requirements. Consequently, the court granted the union's application and ordered that a ballot of the employees be conducted.

The court's final order was that a ballot of the employees of Longwarry Food Park Pty Ltd be conducted in accordance with the union's application. The company was required to facilitate the ballot and provide the necessary information and assistance to the union to ensure that the ballot took place. The union was granted the relief it sought, and the employees were given the opportunity to vote on the proposed protected action.

National Union of Workers v Longwarry Food Park 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