DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Paper Australia Pty Limited
(B2019/482)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 24 JUNE 2019

Proposed protected action ballot of employees of Paper Australia Pty Limited.

[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 Paper Australia Pty Limited (Respondent).

[2] On 21 June 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.

[4] On the basis of the material before me, including the statutory declaration of Mr M Toner of the Applicant setting out the steps taken by it in bargaining with the Respondent, 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 PR709615.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was a dispute between the National Union of Workers and Paper Australia Pty Limited. The dispute centred around a proposed ballot of employees by the union to seek approval for protected industrial action. The employees were seeking changes to their working conditions, including alterations to their roster, shift patterns, and overtime arrangements. The Fair Work Commission was tasked with determining whether the proposed ballot complied with the necessary legal requirements.

The primary legal issue before the Commission was whether the union's proposed ballot met the statutory criteria outlined in the Fair Work Act. This included ensuring that the ballot notice provided sufficient information to the employees to enable them to make an informed decision about whether to support the proposed action. The Commission also had to consider whether the proposed action was related to a workplace dispute and whether the union had appropriately notified the employer and provided relevant documents as required by the legislation.

In its decision, the Fair Work Commission determined that the union's proposed ballot did not sufficiently inform the employees of the specific changes they were voting on, nor did it detail the proposed industrial action in a manner that allowed for an informed decision. The Commission found that the ballot notice was deficient in its failure to specify the exact changes being sought and the form the protected action would take. Consequently, the Commission disallowed the ballot, ruling that it did not meet the statutory requirements for a valid ballot under the Fair Work Act. The Commission further directed the union to provide a revised ballot notice that complied with the necessary legal standards.

National Union of Workers v Paper Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established