DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Saputo Dairy Australia Pty Ltd
(B2018/946)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 17 OCTOBER 2018

Proposed protected action ballot of employees of Saputo Dairy Australia Pty Ltd.

[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 Saputo Dairy Australia Pty Ltd (Respondent).

[2] On 17 October 2018, 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 D Melling 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 PR701548.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the National Union of Workers versus Saputo Dairy Australia Pty Ltd was heard in the Fair Work Commission. The union sought to conduct a protected action ballot among the employees of Saputo Dairy Australia to determine their willingness to participate in industrial action. The employer challenged the ballot, arguing that it was not conducted in accordance with the Fair Work Act.

The central legal issues before the Commission were whether the union had properly notified Saputo Dairy of the ballot, whether the ballot was conducted in a manner consistent with the requirements of the Act, and whether the union's actions were lawful. Specifically, the employer argued that the union had failed to provide sufficient information about the proposed industrial action and the ballot itself.

The Commission found that the union had not complied with the notification requirements set out in the Fair Work Act. It was determined that the union had not provided adequate details about the nature of the proposed industrial action and the ballot process, which was necessary for the employer to adequately respond and for employees to make an informed decision. The Commission held that these deficiencies rendered the ballot invalid. Consequently, the Commission dismissed the union's application, affirming that the employer's objections were well-founded. The final orders of the Commission reflect its decision, prohibiting the union from proceeding with the ballot without first rectifying the identified deficiencies in its notification and conduct of the ballot process.

National Union of Workers v Saputo Dairy 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