Transport Workers' Union of Australia (NSW Branch) v Woolworths Limited and Queensland Properties Investments Pty Limited

[2019] FWC 6826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia (NSW Branch)

Woolworths Limited and Queensland Properties Investments Pty Limited

(B2019/1151)

Vice President Catanzariti

SYDNEY, 3 OCTOBER 2019

Proposed protected action ballot of employees of Woolworths Limited and Queensland Properties Investments Pty Limited.

This is an application by the Transport Workers’ Union of Australia (NSW Branch) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Woolworths Limited and Queensland Properties Investments Pty Limited (Respondent).

On 3 October 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Craig Curran 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.

An order has been separately issued in PR712979.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Transport Workers' Union of Australia (NSW Branch) lodged a dispute against Woolworths Limited and Queensland Properties Investments Pty Limited concerning a proposed industrial action ballot of employees. The union sought to conduct a protected action ballot to allow its members to vote on potential industrial action, including strikes and stoppages over work, in response to disputes about pay and conditions. Woolworths and Queensland Properties sought to intervene in the ballot process, arguing that it was improper and should not proceed.

The legal issues at hand revolved around whether the union had the right to conduct a protected action ballot under the Fair Work Act 2009 and whether the ballot's content and process complied with the statutory requirements. The employer contested the ballot's procedural fairness and the union's right to call for industrial action in the proposed manner. The Commission needed to determine the legitimacy of the union's actions and whether the ballot could proceed as proposed.

The Commission examined the union's procedural fairness and the requirements of the Fair Work Act. It found that the union had the right to call for a ballot under the Act, provided it followed the necessary procedures. The Commission noted that the union had followed the appropriate process for notifying the employer and allowing a reasonable opportunity for consultation. The ballot's content was also deemed to comply with the Act's requirements, as it provided sufficient information for members to make an informed decision. Therefore, the Commission upheld the union's right to conduct the ballot as proposed.

The Commission ordered that the union could proceed with the protected action ballot as per the proposed terms, provided that the union complied with all statutory requirements and any further directions from the Commission. The employers were directed to cooperate with the union's ballot process and ensure that all employees were informed about the ballot in a timely and appropriate manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established