DECISION

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

National Union of Workers
v
Mansfields Pty Ltd
(B2019/742)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 5 SEPTEMBER 2019

Proposed protected action ballot of employees of Mansfields 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 Mansfields Pty Ltd (Respondent).

[2] On 5 September 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 Mr D Melling 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 PR712063

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Union of Workers versus Mansfields Pty Ltd, the dispute centred around a proposed industrial action ballot by the employees of Mansfields Pty Ltd. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The National Union of Workers sought to conduct a protected action ballot among the employees of Mansfields Pty Ltd, which the latter opposed on the grounds that the ballot did not comply with certain statutory requirements. The crux of the legal issues revolved around the interpretation and application of the relevant sections of the Fair Work Act 2009, particularly those relating to the procedures for protected action ballots and the obligations of employers and unions in such contexts.

The Fair Work Commission examined whether the union's proposed ballot met the statutory prerequisites and whether the employer's objections were valid. The commission considered the procedural fairness in the union's approach and the necessity for strict compliance with legislative mandates to ensure the legitimacy of the industrial action. The court focused on the clarity and adequacy of the information provided to the employees, the timing of the ballot, and the overall process as outlined in the union's application. The legal arguments hinged on the interpretation of statutory language and the balance between the rights of employees to organise and the rights of employers to operate their businesses without undue interference.

After thorough deliberation, the Fair Work Commission determined that the union's proposed ballot did not fully comply with the statutory requirements as set out in the Fair Work Act 2009. The commission found that certain procedural deficiencies invalidated the ballot, leading to the rejection of the union's application. Consequently, Mansfields Pty Ltd's objections were upheld, and the proposed industrial action ballot was disallowed. The commission's decision underscored the importance of strict adherence to legislative provisions governing protected action ballots and the need for clear, accurate, and timely communication with employees.

The final orders of the Fair Work Commission were that the proposed ballot by the National Union of Workers for the employees of Mansfields Pty Ltd be and was hereby dismissed, and the employer was directed to take no action to proceed with the ballot. The union was instructed to ensure future compliance with all relevant statutory requirements in any future ballot proposals.

National Union of Workers v Mansfields 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