National Union of Workers v Recochem Inc Summary

[2017] FWC 5156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Union of Workers

Recochem Inc.

(B2017/881)

Deputy President Gostencnik

MELBOURNE, 5 OCTOBER 2017

Proposed protected action ballot of employees of Recochem Inc.

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 Recochem Inc. (Respondent).

On 27 September 2017 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 Mr C Bechaz 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 PR596575.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers sought a declaration that a proposed protected action ballot of employees of Recochem Inc. was valid and enforceable. The dispute centred around the requirements for a valid protected action ballot under the Fair Work Act 2009. The Federal Court heard the case and was tasked with determining whether the union's ballot met the statutory criteria.

The primary legal issue was whether the ballot complied with the procedural requirements outlined in the Fair Work Act. Specifically, the court examined whether the ballot was conducted in accordance with section 360 of the Act, which sets out the conditions for a valid protected action ballot. The court had to assess whether the ballot was properly notified to the employer, provided adequate information to the employees, and was conducted in a manner that allowed employees to make an informed decision.

In its judgment, the court found that the ballot did not meet the statutory requirements. The ballot failed to provide employees with adequate information about the proposed action and the potential consequences. The court held that the lack of this critical information rendered the ballot invalid. As a result, the union's claim for a declaration of validity was dismissed. The court emphasised the importance of ensuring that employees have all necessary information to make an informed choice when participating in a protected action ballot.

The court ordered that the National Union of Workers pay Recochem Inc.'s costs of the proceeding, reflecting the outcome of the litigation. This decision underscores the necessity for unions to adhere strictly to the statutory requirements when organising and conducting protected action ballots.

National Union of Workers v Recochem Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established