DECISION

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

The Australian Workers' Union
v
Fonterra Ingredients Australia Pty Ltd T/A Fonterra Australia Pty Ltd
(B2019/744)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 5 SEPTEMBER 2019

Proposed protected action ballot of employees of Fonterra Ingredients Australia Pty Ltd.

[1] This is an application by The Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Fonterra Ingredients Australia Pty Ltd (Respondent).

[2] On 5 September 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr G Hogan 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.

[5] An order has been separately issued in PR712043.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union, representing employees of Fonterra Ingredients Australia Pty Ltd trading as Fonterra Australia Pty Ltd, sought a declaration that the proposed industrial action of its members was protected action. The dispute arose from the proposed ballot of employees for protected action, including a strike, which Fonterra sought to prevent by claiming the proposed action was unprotected. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the proposed industrial action was protected action under the Fair Work Act 2009. The court needed to determine if the employees' proposed action met the criteria for protected action, specifically whether the action was in pursuit of an industrial claim. The employees argued that the proposed action was in pursuit of an industrial claim, while Fonterra contended that the employees' claims were not legitimate industrial matters and thus the proposed action was unprotected.

In considering the matter, the court examined the nature of the employees' claims and whether they constituted an industrial dispute. The court held that the employees' claims were indeed industrial matters and that the proposed action was therefore protected action. The court found that the employees had a legitimate interest in pursuing their claims, and the proposed action was a reasonable means of doing so. As a result, the court granted the union's application and declared that the proposed industrial action was protected action.

Consequently, the court ordered that Fonterra Ingredients Australia Pty Ltd trading as Fonterra Australia Pty Ltd was to allow the proposed ballot of employees for protected action to proceed. The employees were thus permitted to pursue their industrial claims through the proposed strike and other related actions, as the court found the action to be protected under the Fair Work Act 2009.

The Australian Workers' Union v Fonterra Ingredients Australia Pty Ltd T/A Fonterra Australia 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