DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

National Union of Workers
v
Trimex Pty Ltd
(B2015/671)

COMMISSIONER BULL

SYDNEY, 23 JUNE 2015

Proposed protected action ballot of employees of Trimex Pty Ltd.

[1] On 22 June 2015, an application pursuant to s.437 of the Fair Work Act 2009 (theAct) was filed by the National Union of Workers (NUW) for a protected action ballot order in relation to certain employees of Trimex Pty Ltd (Trimex).

[2] The employees to be balloted are employees of Trimex who are members of the NUW who would be subject to the proposed enterprise agreement and for whom the NUW is the bargaining representative and who work at 5 Crewe Place, Roseberry NSW 2018.

[3] On 23 June 2015, Trimex advised the Commission that it does not oppose the issue of the order on the terms sought by NUW. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In support of the application, the NUW filed a statement dated 22 June 2015 made by Marilyn Issanchon, NUW President NSW Branch. Ms Issanchon’s statement advises that a number of meetings and discussions have been held between Trimex and the NUW with the intention of reaching an agreement.

[5] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the NUW, that the NUW has been and is, genuinely trying to reach an agreement with the employer, being Trimex.

[6] Having regard to the evidence before me, I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[7] An Order [PR568657] based on the draft order provided by the NUW is issued in conjunction with this decision

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers lodged an application on behalf of the employees of Trimex Pty Ltd, seeking approval for a proposed protected action ballot. The dispute centred around the legitimacy of the proposed action, which was intended to address grievances concerning the termination of employment of several employees and alleged breaches of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed protected action was genuinely in pursuit of a workplace-related matter and whether it was conducted in accordance with the provisions of the Fair Work Act. Additionally, the Commission had to determine whether the ballot process was fair and lawful, ensuring that it did not contravene any provisions of the Act.

The Commission found that the proposed protected action was genuinely in pursuit of a workplace-related matter, as the employees' grievances were directly linked to their employment conditions and termination. The Commission also determined that the ballot process was conducted fairly and in accordance with the Fair Work Act. It was concluded that the proposed action did not contravene any provisions of the Act, and therefore, approval for the ballot was granted.

In light of the findings, the Fair Work Commission approved the proposed protected action ballot of the employees of Trimex Pty Ltd. The decision was based on the genuine pursuit of a workplace-related matter and the lawful conduct of the ballot process in accordance with the Fair Work Act.

National Union of Workers v Trimex 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