Transport Workers' Union of Australia v Saputo Dairy Australia Pty Ltd Summary

[2024] FWC 1830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Saputo Dairy Australia Pty Ltd

(B2024/874)

COMMISSIONER WILSON

MELBOURNE, 12 JULY 2024

Proposed protected action ballot of employees of Saputo Dairy Australia Pty Ltd

This is an application for a protected action ballot order by the Transport Workers' Union of Australia (TWU) in relation to certain employees employed by Saputo Dairy Australia Pty Ltd (the Respondent) whose employment is presently covered by the Saputo Dairy Australia Pty Ltd (Allansford) and Transport Workers Union Enterprise Agreement 2020[1], (the Agreement), the nominal expiry date of which was 31 March 2024.

The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act).

On 11 July 2024, the Respondent notified the Commission that it objected to the TWU’s application on the grounds that the TWU had not met the requirements of section 437(3)(b) of the Fair Work Act, by failing to specify the nature of the industrial action in section 2.2 of their application. In response, later that day the TWU filed with the Commission an amended F34 application form, altering the ballot questions to address the Respondents concerns.

That afternoon, the Respondent notified the Commission that, as a result of the amendments made by the TWU to the F34, it no longer objected to the application.

In the circumstances and with consent of the parties, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr Sam Lynch 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 PR776940.

COMMISSIONER

[1] AE515714.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia (TWU) has applied to the Fair Work Commission (FWC) for an order permitting a ballot of its members employed by Saputo Dairy Australia Pty Ltd (Saputo). The ballot concerns proposed protected industrial action. The application is pursuant to section 437 of the Fair Work Act 2009. Saputo objected to the application, asserting that the TWU had not met the requirements of section 437(3)(b) of the Act, as it had not specified the nature of the proposed industrial action in section 2.2 of the application. Following the TWU's amendment to the application form, Saputo withdrew its objection. The matter was decided on the papers, with the consent of both parties.

The legal issues before the Commission included whether the TWU had fulfilled the requirements of section 437(3)(b) of the Act by specifying the nature of the industrial action in the application. Additionally, the Commission had to determine whether the TWU had satisfied the preconditions for making the application under section 443(1) of the Act. The Commission considered the statutory declaration of Mr Sam Lynch of the TWU, which detailed the union's bargaining efforts and its ongoing attempts to reach an agreement with Saputo. Based on the material before it, the Commission found that the TWU had met the requirements for making the application and that there was a notification time in relation to the proposed agreement.

The Commission concluded that the TWU had adequately specified the nature of the industrial action in its amended application, addressing Saputo's concerns. Furthermore, the evidence of the TWU's genuine efforts to negotiate with Saputo satisfied the requirements of section 443(1) of the Act. Consequently, the Commission granted the TWU's application for a protected action ballot order. The decision was made without a hearing, with the consent of both parties involved.

Transport Workers' Union of Australia v Saputo Dairy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established