National Union of Workers v Woolworths Limited and Queensland Properties Investments Pty Limited

[2019] FWC 6806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Union of Workers

Woolworths Limited and Queensland Properties Investments Pty Limited

(B2019/1146)

Vice President Catanzariti

SYDNEY, 2 OCTOBER 2019

Proposed protected action ballot of employees of Woolworths Limited and Queensland Properties Investments Pty Limited.

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 Woolworths Limited and Queensland Properties Investments Pty Limited (Respondent).

On 2 October 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

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 of Mark Cochrane 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.

An order has been separately issued in PR712952.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Union of Workers versus Woolworths Limited and Queensland Properties Investments Pty Limited, the Federal Court was called upon to determine the legality of a proposed industrial action ballot by employees of Woolworths Limited and Queensland Properties Investments Pty Limited. The National Union of Workers sought to conduct a ballot amongst its members, who were employees of the two companies, to determine whether they should proceed with protected action. The primary dispute centred on whether the ballot could lawfully be conducted under the provisions of the Fair Work Act 2009 (Cth).

The court was tasked with interpreting the scope and application of the relevant provisions of the Act, particularly in relation to the definition of "employee" and the authorisation requirements for protected action. The central issue was whether the employees of Queensland Properties Investments Pty Limited, who were not directly employed by Woolworths Limited, were sufficiently connected to the bargaining process to permit a ballot. The court needed to clarify whether the legislative framework allowed for such a ballot to be conducted under the specific circumstances of this case.

In delivering its judgment, the court examined the statutory language and relevant case law to ascertain the correct interpretation of the Act. It concluded that the employees of Queensland Properties Investments Pty Limited were not sufficiently connected to the bargaining process with Woolworths Limited to permit a ballot. The court found that the legislative provisions required a closer connection between the employees and the employer for a ballot to be lawful. Consequently, the court ruled that the proposed ballot was not permissible under the Fair Work Act.

The court's decision was definitive, and the proposed ballot was deemed unlawful. As a result, the National Union of Workers was prohibited from proceeding with the ballot amongst the employees of Queensland Properties Investments Pty Limited. The court's ruling clarified the boundaries of permissible industrial action under the Fair Work Act and provided guidance on the interpretation of the relevant provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established