Quality Bakers Australia Pty Ltd v United Voice

[2012] FWA 3040

[2012] FWA 3040

FAIR WORK AUSTRALIA

REASONS FOR DECISION

Fair Work Act 2009
s.418—Industrial action

Quality Bakers Australia Pty Ltd
v
United Voice
(C2012/3294)

COMMISSIONER CLOGHAN PERTH, 11 APRIL 2012

Application to stop/prevent industrial action by employees of Quality Bakers Australia Pty Ltd.

[1] On 3 April 2012, Quality Bakers Australia Pty Ltd (“the Employer or Applicant”) made application to Fair Work Australia (FWA) for an order that United Voice stop organising and refrain from further organising or recommencing industrial action at its Malaga operations in Western Australia.

[2] The order was sought against United Voice, its officials, delegates, employees and agents, and employees of the Employer who are covered by the Goodman Fielder Baking (Western Australia) Enterprise Agreement 2011 (“the Agreement”).

[3] The application was made pursuant to s.418 of the Fair Work Act 2009 (“the FW Act”).

[4] A hearing into the application was heard on 4 April 2012. At the conclusion of the hearing, I made an Order to be known as the Goodman Fielder Industrial Action Order 2012 (“the Order”).

[5] These are the written reasons for issuing the Order.

[6] At the hearing, the Employer was represented by Mr Wong of counsel, Norton Rose Australia. Evidence on behalf of the Employer was given by Mr John Sanderson, Site Manager and Ms Lucinda Inturrisi, National IR/HR Manager.

[7] United Voice was represented by Mr Dane and Ms E Palmer, Industrial Officers.

INDUSTRIAL ACTION

[8] Put briefly, the industrial action relates to:

• a stoppage of work of approximately one (1) hour and 20 minutes by nine (9) employees and approximately 20 minutes by three (3) employees on 2 April 2012; and



• a stoppage of work by five (5) employees of approximately one (1) hour early on 3 April 2012.

PROCEEDINGS

[9] Following the commencement of the hearing, United Voice, after reviewing the Applicant’s material, requested that the matter proceed to conciliation. The Employer agreed.

[10] At conciliation it was agreed that if:

• the duration of the order sought by the Applicant was reduced to 21 days; and



• Mr Sanderson and Ms Inturrisi would meet with United Voice and workplace delegates on 19 April 2012;

United Voice would:

• not oppose the orders; and



• the witness statements of Mr Sanderson and Ms Inturrisi could be incorporated into proceedings without cross examination.

[11] Following conciliation, the parties went “on the record” and enacted what was agreed in conciliation.

[12] Ms Inturrisi placed on record that at the meeting on 19 April 2012, it was the Employer’s desire to make a genuine attempt to resolve the concerns of the employees relating to the public holidays clause in the Agreement.

CONCLUSION

[13] At the conclusion of the hearing, I was satisfied, on the material incorporated into proceedings that the Agreement has not passed its nominal expiry date and United Voice, its officers, and some employees covered by the Agreement, had engaged in action defined as industrial action pursuant to s.19 of the FW Act. Further, this industrial action was not or would not be protected pursuant to subsection 418(1) of the FW Act.

[14] Finally, following conciliation and by agreement, the Order was issued on 4 April 2012 to commence at 4:00 pm.

COMMISSIONER

Appearances:

Mr Wong, of counsel, for the Applicant.

Mr Dane and Ms Palmer, for the Respondent.

Hearing details:

2012:
Perth,
4 April.

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