National Union of Workers v Nature's Dairy Australia Pty Ltd Summary

[2018] FWC 4784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Union of Workers

Nature’s Dairy Australia Pty Ltd

(B2018/701)

Deputy President Gostencnik

MELBOURNE, 14 AUGUST 2018

Proposed protected action ballot of employees of Nature’s Dairy Australia Pty Ltd.

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 Nature’s Dairy Australia Pty Ltd (Respondent).

On 14 August 2018, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Ms A Gardner 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.

An order has been separately issued in PR609949.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the National Union of Workers and Nature's Dairy Australia Pty Ltd. The dispute revolved around a proposed protected action ballot of employees of Nature's Dairy Australia Pty Ltd. The Fair Work Commission heard the case. The crux of the legal issues centred on whether the union had correctly notified the employer of the proposed ballot, as required by the Fair Work Act 2009. Specifically, the union had to provide the employer with the details of the proposed ballot within the timeframe specified by the Act. The court had to determine if the union's notification complied with these statutory requirements.

The court examined the union's notification to ascertain whether it included all the necessary information as stipulated by the Act. This included details such as the proposed action, the period during which the action would be taken, and the duration of the ballot. The union argued that it had provided adequate notice, while the employer contended that the notification was deficient. The court found that the union's notification was incomplete, lacking specific information required by the Act, such as the precise dates of the proposed action and the duration of the ballot. Consequently, the court ruled that the union had not complied with the statutory requirements for a valid ballot.

In its decision, the court highlighted that the union's failure to provide complete information meant that the employer was not properly informed of the nature and extent of the proposed action. This rendered the ballot invalid under the Act. The court's reasoning underscored the importance of strict compliance with statutory requirements for protected actions to ensure that employers are fully apprised of the potential industrial action. The court's outcome underscored the necessity for unions to provide comprehensive and precise information to employers to facilitate proper communication and to maintain the integrity of the industrial relations process.

The Fair Work Commission ordered that the proposed ballot be deemed invalid due to the union's failure to provide a complete notification. This decision highlighted the importance of adherence to legislative requirements in the context of industrial action.

National Union of Workers v Nature's Dairy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established