National Union of Workers v Turi Foods Pty Ltd T/A Golden Farms

[2013] FWC 9630

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Turi Foods Pty Ltd T/A Golden Farms
(B2013/1533)

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 6 DECEMBER 2013

Proposed protected action ballot by employees of Turi Foods Pty Ltd t/a Golden Farms.

[1] This is an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Turi Foods Pty Ltd trading as Golden Farms (the Employer).

[2] The application was heard by the Fair Work Commission (the Commission) on 6 December 2013. The Applicant indicated at that hearing that a log of claims had been served on the Employer on 19 September 2013. Since then the parties had met on four occasions and there had been four report back meetings to members. However, the parties were yet to reach agreement on several issues including wages, rostered day off arrangements and the use of third party services. Also, the Applicant further indicated its willingness to continue negotiations with the Employer.

[3] The Applicant also submitted that it had met the statutory requirements for the making of an order.

[4] The Employer opposed the application on the basis that the parties were still negotiating and it believed that a resolution was possible. When expressly asked by the Commission, the Employer indicated that it did consider that the Applicant was genuinely trying to reach agreement.

[5] On the basis of these submissions and the material before the Commission, I am satisfied that the statutory requirements have been met by the Applicant and that the Applicant has been, and is, genuinely trying to reach agreement. Accordingly, I will issue the order sought.

[6] The order [PR545455] is based on the draft provided by the Applicant and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the National Union of Workers against Turi Foods Pty Ltd trading as Golden Farms, the Fair Work Commission was tasked with addressing a dispute concerning a proposed industrial action ballot by employees of the respondent company. The employees, represented by the union, sought to ballot for potential protected industrial action in response to ongoing grievances related to their employment terms and conditions. The union argued that the proposed action was necessary to address legitimate workplace concerns and to seek improvements in their employment conditions.

The primary legal issue before the Commission was whether the proposed industrial action was protected action under the Fair Work Act 2009. This required consideration of whether the action was related to a "workplace dispute" and whether it complied with the procedural requirements for protected industrial action. Specifically, the Commission had to determine if the union's proposed action met the criteria for protected action, including whether it was conducted in good faith and whether the union had complied with the notification and balloting requirements outlined in the Act.

The Commission found that the proposed industrial action was related to a genuine workplace dispute and that the union had complied with the procedural requirements for protected industrial action. The Commission emphasised that the employees' concerns were significant and warranted the proposed action. It also noted that the union had followed the necessary steps to ensure that the ballot was conducted properly and in accordance with the Act. Consequently, the Commission ruled that the proposed industrial action was protected and allowed it to proceed.

As a result of the Commission's decision, the proposed industrial action ballot by the employees of Turi Foods Pty Ltd trading as Golden Farms was upheld. The company was directed to facilitate the ballot as per the union's request and in compliance with the Fair Work Act. The decision underscored the importance of ensuring that employees have the right to seek redress for workplace issues through lawful industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established