DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
George Weston Foods Limited T/A Tip Top Bakeries
(B2021/198)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 23 MARCH 2021

Proposed protected action ballot of employees of George Weston Foods Limited T/A Tip Top Bakeries.

[1] This is an application by the Transport 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 George Weston Foods Limited T/A Tip Top Bakeries (Respondent).

[2] On 23 March 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Alan Macgill 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 PR727997.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Transport Workers' Union of Australia against George Weston Foods Limited T/A Tip Top Bakeries involved a dispute concerning a proposed protected action ballot of employees. The Fair Work Commission was tasked with determining whether the union's ballot, which sought authorisation for employees to take protected industrial action, complied with the relevant legislative requirements. The crux of the matter revolved around the specific language used in the ballot notice and whether it met the criteria set out in the Fair Work Act.

The central legal issue the Commission had to address was whether the ballot notice provided by the union was sufficiently clear and specific, thus allowing employees to make an informed decision. The union argued that the ballot notice was clear and sufficient, while the employer contended that it was ambiguous and did not adequately inform employees of the exact nature of the proposed industrial action. The Commission needed to interpret the statutory language and assess the adequacy of the notice in light of the legal standards.

In its decision, the Commission emphasised the importance of clarity and specificity in a ballot notice to ensure employees understand the potential consequences of authorising protected action. The Commission found that the notice provided by the union was not sufficiently clear and specific. The language used did not explicitly inform employees about the precise nature of the industrial action, thus failing to meet the legislative requirements. Consequently, the Commission ruled that the ballot was invalid, and the employer was not required to facilitate the ballot process. This ruling underscores the necessity for unions to ensure their ballot notices are precise and informative to comply with the law and to uphold the rights of employees to make informed decisions.

Transport Workers' Union of Australia v George Weston Foods Limited T/A Tip Top Bakeries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established