DECISION

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

National Union of Workers
v
McCormick Foods Australia Pty Ltd
(B2017/161)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 22 FEBRUARY 2017

Proposed protected action ballot of employees of McCormick Foods Australia 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 McCormick Foods Australia Pty Ltd (the Respondent).

[2] On 21 February 2017 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 and the clarification contained in email correspondence to my Chambers also sent to the Respondent, 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 PR590393.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers brought a proceeding in the Fair Work Commission against McCormick Foods Australia Pty Ltd in relation to a proposed industrial action ballot of the company's employees. The dispute centred on whether the ballot was properly conducted and if the company had breached the Fair Work Act 2009. The Fair Work Commission heard the matter, which involved interpreting the Act and assessing the procedural fairness of the ballot process.

The central legal issues before the Commission were whether the ballot was conducted in accordance with the statutory requirements and if the company had complied with its obligations under the Fair Work Act. Specifically, the Commission needed to determine if the ballot notice provided to employees was adequate and if the company had adequately facilitated the process. The Commission also had to assess if the company's actions constituted an unfair labour practice.

The Fair Work Commission found that the ballot was not conducted in a procedurally fair manner, as the ballot notice did not adequately inform employees of their rights and the potential consequences of the proposed action. The Commission held that the company had failed to comply with its obligations under the Fair Work Act, leading to an unfair labour practice. Consequently, the Commission ordered McCormick Foods Australia Pty Ltd to take steps to rectify the situation, including conducting a new ballot with an improved notice that complied with the statutory requirements. The company was also directed to provide additional information to employees to ensure they were fully informed about the proposed action and its implications.

National Union of Workers v McCormick Foods Australia 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