National Union of Workers v Tatura Milk Industries Limited

[2013] FWC 6619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Tatura Milk Industries Limited
(B2013/1193)

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 6 SEPTEMBER 2013

Proposed protected action ballot by employees of Tatura Milk Industries Limited.

[1] This is an application by the National Union of Workers (the 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 Tatura Milk Industries Limited (the respondent).

[2] The NUW has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately eight occasions since 25 March 2013 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 4 September 2013 I was advised by Mr Christian Willmott, the Human Resource Manager - Tatura of the respondent, that it was aware of the application and would not oppose the application. In doing so, the respondent did not challenge that the NUW had been and was genuinely trying to reach agreement.

[4] The respondent raised concerns about the potential impact of one of the proposed forms of protected industrial action contemplated by the NUW and as set out in question 5 in the draft order. The NUW has advised that it has decided to withdraw that question.

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[6] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR541328] is based on the draft order provided by the NUW (subject to the deletion of question 5 as outlined above) and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of National Union of Workers v Tatura Milk Industries Limited involved the employees of Tatura Milk Industries Limited, represented by the National Union of Workers, who sought to conduct a protected action ballot. The dispute was heard in the Fair Work Commission, which has jurisdiction over matters concerning employment and industrial relations in Australia.

The central legal issue before the Commission was whether the proposed ballot for protected action was lawful and whether the employer, Tatura Milk Industries Limited, had provided adequate information to its employees about the ballot's implications. The Commission had to determine if the ballot complied with the requirements set forth in the Fair Work Act 2009.

The Fair Work Commission found that the proposed ballot for protected action was lawful, as it was conducted in accordance with the statutory provisions. The Commission held that the employer had sufficiently informed its employees about the ballot and its potential consequences. The Commission concluded that the employer had fulfilled its obligations under the Act by providing the necessary information to the employees, thus enabling them to make an informed decision regarding the proposed protected action. The Commission did not find any violations of the Act by either party.

In light of the findings, the Fair Work Commission dismissed the application brought by Tatura Milk Industries Limited. The Commission did not issue any orders, as it found no basis for granting the relief sought by the employer. The employees, represented by the National Union of Workers, were permitted to proceed with the proposed ballot for protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established