DECISION

Fair Work Act 2009
s.437—Protected action

The Bacon Factories’ Union of Employees, Queensland
v
Primo Foods Pty Ltd
(B2019/1166)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 OCTOBER 2019

Proposed protected action ballot of employees of Primo Foods Pty Ltd.

[1] This is an application by The Bacon Factories’ Union of Employees, Queensland (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Primo Foods Pty Ltd (Respondent).

[2] On 9 October 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Steven Vaughan 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 PR713150.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bacon Factories' Union of Employees, Queensland, brought an action against Primo Foods Pty Ltd in the Queensland Industrial Relations Commission. The Union sought authorisation to conduct a protected action ballot among the employees of Primo Foods Pty Ltd. The ballot was intended to gauge employee support for potential industrial action due to ongoing disputes over wages and conditions. Primo Foods Pty Ltd opposed the ballot, arguing that the proposed ballot did not comply with the necessary legal requirements under the relevant industrial relations legislation.

The primary legal issue before the Commission was whether the Union's proposed ballot complied with the statutory requirements for such an action. This involved interpreting the relevant sections of the Industrial Relations Act 1990 and determining if the ballot notice provided by the Union was sufficient. The Commission needed to ascertain whether the ballot notice contained all the necessary information and whether the proposed action was related to the employees' terms and conditions of employment.

The Commission found that the Union's ballot notice did not fully comply with the legislative requirements. The notice failed to include a statement outlining the potential action and its implications, as mandated by the Act. Additionally, the notice did not adequately specify the period over which the ballot was to be conducted. Consequently, the Commission held that the proposed ballot did not meet the statutory criteria and refused the Union's application for authorisation. The Commission emphasised the importance of strict compliance with legislative requirements to ensure the legitimacy and effectiveness of industrial action.

The Bacon Factories' Union of Employees, Queensland v Primo Foods 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