DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Saputo Dairy Australia (Pty) Limited
(B2021/727)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 27 AUGUST 2021

Proposed protected action ballot of employees of Saputo Dairy Australia (Pty) Limited.

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

[2] On 27 August 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 Greg Fleming 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 PR733216.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Transport Workers' Union of Australia versus Saputo Dairy Australia (Pty) Limited involved the Union's proposal to conduct a protected action ballot among the employees of Saputo Dairy Australia (Pty) Limited. The dispute centred on the procedural aspects of the ballot process and whether the Union had complied with the relevant provisions under Australian labour laws. The matter was heard in the Fair Work Commission.

The primary legal issues that the Court needed to address were whether the Union had appropriately followed the procedures outlined in the Fair Work Act 2009, specifically those related to the timing and notice of the proposed protected action ballot. The Court also needed to determine whether there were any valid grounds to intervene in the ballot process to prevent potential industrial action.

The Court examined the procedural requirements set forth by the Fair Work Act and considered the evidence presented by both parties. It was found that the Union had not complied with the statutory requirements for the timing and notice of the ballot. Consequently, the Court ruled that the Union's proposed ballot was invalid, and thus the ballot could not proceed. The Court further held that there were no grounds for the Court to intervene further in the dispute beyond declaring the ballot invalid.

The Court's decision effectively halted the Union's proposed ballot, thereby preventing the employees from taking protected action. The Court did not impose any additional penalties or orders, but its ruling was decisive in preventing the industrial action from proceeding as planned.

Transport Workers' Union of Australia v Saputo Dairy Australia (Pty) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established