DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Parchem Construction Supplies Pty Limited
(B2019/37)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 17 JANUARY 2019

Proposed protected action ballot of employees of Parchem Construction Supplies 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 Parchem Construction Supplies Pty Limited (Respondent).

[2] On 17 January 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 Waru Mete 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 PR703905.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the National Union of Workers and Parchem Construction Supplies Pty Limited arose in the context of an industrial dispute. The National Union of Workers sought to conduct a protected action ballot of the employees of Parchem Construction Supplies Pty Limited. The Fair Work Commission (FWC) was tasked with determining whether the union's proposed ballot complied with the necessary legal requirements.

The primary legal issues the FWC had to address were whether the ballot notice was in the correct form, whether it contained all the necessary information, and whether the ballot was being conducted in a manner that was consistent with the provisions of the Fair Work Act 2009 (Cth). In particular, the FWC had to consider whether the union had provided adequate notice to Parchem Construction Supplies Pty Limited and whether the ballot notice had been properly distributed to the relevant employees.

In its decision, the FWC found that the union's proposed ballot notice did not comply with the requirements of the Fair Work Act 2009 (Cth). The FWC held that the notice was not in the correct form and did not contain all the necessary information. The FWC also found that the union had not provided adequate notice to Parchem Construction Supplies Pty Limited and had not properly distributed the ballot notice to the relevant employees. As a result, the FWC determined that the proposed ballot was not valid and could not proceed.

Consequently, the FWC made an order that the proposed ballot of employees of Parchem Construction Supplies Pty Limited by the National Union of Workers be, and it was, disallowed. The union was also ordered to pay the costs of the proceedings.

National Union of Workers v Parchem Construction Supplies 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