DECISION

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

The Australian Workers' Union
(B2018/358)

DEPUTY PRESIDENT ASBURY

SYDNEY, 16 MAY 2018

Proposed protected action ballot by employees of W.H.Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers' Union (the AWU). The AWU seeks a protected action ballot order in relation to certain employees of WH Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill (the Employer).

[2] On 14 May 2018 correspondence was received from the Employer advising that it objected to the proposed orders sought by the AWU. At 1.57 pm on 14 May 2018, I issued directions requiring the Employer to file material stating the grounds on which it objected to the proposed order by 2.00 pm 15 May 2018, and the application was listed for Hearing on 16 May 2018.

[3] At 1.50 pm on 15 May 2018 correspondence was received from the Employer requesting an extension in which to file its material, and an adjournment of the listed hearing. The Employer was granted an extension until 9.00am 16 May 2018 to file its material.

[4] Subsequent correspondence was received from the Employer at 4.07 pm 15 May 2018 advising that the Employer no longer opposed the application. I advised the Parties that as the application was no longer being opposed, I proposed to determine the application on the basis of the filed material, subject to any objection by either party by 2.00pm today. No correspondence was received stating any objection.

[5] On the basis that the Employer does not object to the application, and after considering the information set out in the application and the accompanying Form F34B statutory declaration of Mr Jason Robert Shepherd, Union Organiser, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR607151] will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought a declaration that W.H.Heck & Sons Pty Ltd, trading as Rocky Point Sugar Mill, had failed to provide the requisite information to the Union in order to enable it to conduct a ballot of the employees to determine whether they supported protected industrial action. The Union also sought an order that the company provide the information required. The matter was heard in the Queensland Industrial Relations Commission. The Union argued that the company had failed to provide information about the identities and addresses of the employees to enable the Union to conduct the ballot. The company argued that the Union's request for information went beyond what was necessary and was an unreasonable demand. The Union argued that the information was necessary in order to conduct the ballot. The company argued that the Union should rely on information it already had, and that the Union's request was unreasonable because it was overly broad. The Commission found that the information requested by the Union was necessary to conduct the ballot, and that the company had failed to provide the information as required by law. The Commission found that the Union's request for information was not unreasonable and ordered the company to provide the information to the Union. The Commission ordered that the company provide the Union with the names, addresses and contact details of the employees of the company within 14 days of the decision. The Union was also awarded its costs of the proceedings.

The Australian Workers' Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established