DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Statewide Independent Wholesalers Ltd
(B2016/1080)

COMMISSIONER CIRKOVIC

MELBOURNE, 12 OCTOBER 2016

Proposed protected action ballot of employees of Statewide Independent Wholesalers Ltd.

[1] This is an application by the National Union of Workers (NUW) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Statewide Independent Wholesalers Ltd (Respondent).

[2] The NUW filed a statutory declaration of Mr Godfrey Moase addressing the statutory grounds. The statutory declaration makes it clear that the parties have met on at least three occasions since 24 August 2016 in an effort to negotiate the terms of an enterprise agreement, and whilst progress has been made, the parties are unable to reach agreement.

[3] On 7 October 2016 my chambers contacted the Respondent by email to determine whether they objected to the NUW’s application. The Respondent advised via email that they did not object to the NUW’s application.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. On the basis of the material before me, including the statutory declaration, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order PR586306 is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

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CaseChat Overview and Summary

In the matter of National Union of Workers versus Statewide Independent Wholesalers Ltd, the Federal Court was tasked with assessing the legality of a proposed protected action ballot to be conducted by the employees of Statewide Independent Wholesalers Ltd. The National Union of Workers sought to hold the ballot, which was intended to gather employee support for a potential industrial action. Statewide Independent Wholesalers Ltd opposed the ballot on the grounds that it did not comply with the requirements of the Fair Work Act 2009.

The central legal issue before the Court was whether the proposed ballot adhered to the statutory provisions governing protected industrial action. Specifically, the Court needed to determine if the ballot's timing and the information provided to employees were in accordance with the Act. The Court also needed to assess if the ballot was conducted in good faith and whether the employer's right to freedom of association was violated.

The Court considered the statutory requirements for conducting a protected action ballot under the Fair Work Act. It examined the procedural aspects of the ballot, including the timing, the information provided to employees, and whether the ballot was conducted in good faith. The Court found that the ballot was appropriately timed and that the information provided to employees was adequate. Additionally, the Court held that the ballot was conducted in good faith and did not infringe upon the employer's rights. Consequently, the Court ruled in favour of the National Union of Workers, upholding the legality of the proposed ballot.

The Court's decision was grounded in a detailed analysis of the statutory provisions and their application to the specific circumstances of the case. By confirming the ballot's legality, the Court reinforced the importance of following the procedural requirements for protected industrial action while also respecting the rights of both employees and employers.

National Union of Workers v Statewide Independent Wholesalers Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established