DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
The Real McCoy Snackfood Company Pty Ltd T/A Snack Brands Australia
(B2019/35)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 16 JANUARY 2019

Proposed protected action ballot of employees of The Real McCoy Snackfood Company 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 The Real McCoy Snackfood Company Pty Ltd (Respondent).

[2] On 16 January 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 N Alford 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 PR703880.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union has brought an application against The Real McCoy Snackfood Company Pty Ltd T/A Snack Brands Australia in the Fair Work Commission. The union seeks approval for a ballot of its members, employees of Snack Brands Australia, to determine if they wish to engage in protected industrial action. The dispute revolves around the conditions of employment and the union's belief that the current terms and conditions of employment are insufficient.

The central legal issue before the Commission was whether the proposed industrial action was protected action under the Fair Work Act 2009. The Commission had to determine if the ballot related to a "genuine dispute" between the union and the employer and if the action proposed was in accordance with the requirements of the Act. Additionally, the Commission needed to consider if the proposed industrial action was likely to cause significant economic harm to the employer or the broader community.

In its decision, the Fair Work Commission found that the proposed industrial action related to a genuine dispute between the union and the employer. The Commission acknowledged that the union's concerns about the terms and conditions of employment constituted a legitimate dispute. The Commission also concluded that the proposed action was in accordance with the requirements of the Fair Work Act. The Commission found that the proposed industrial action was not likely to cause significant economic harm to the employer or the broader community, and therefore, it was appropriate to approve the ballot. The Commission issued an order approving the ballot of employees of Snack Brands Australia to determine if they wished to engage in protected industrial action.

The Australian Workers' Union v The Real McCoy Snackfood Company Pty Ltd T/A Snack Brands Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established