DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Astron Plastics Pty Ltd T/A Astron Plastics
(B2021/1123)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 NOVEMBER 2021

Proposed protected action ballot of employees of Astron Plastics Pty Ltd

[1] This is an application by the United 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 Astron Plastics Pty Ltd T/A Astron Plastics (Respondent).

[2] On 19 November 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 Steve Howie 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 PR735988.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was asked to determine the legality of a proposed protected action ballot organised by the United Workers' Union in relation to employees of Astron Plastics Pty Ltd. The dispute arose when the union sought to hold a ballot to determine whether the employees should engage in protected industrial action, such as a strike or work stoppage. Astron Plastics challenged the ballot's legitimacy, claiming it did not comply with statutory requirements.

The court needed to decide whether the union's ballot met the necessary legal criteria for protected action, including whether it was properly notified to the employer and whether it adhered to the relevant provisions of the Fair Work Act 2009. The primary focus was on whether the ballot notice was appropriately served on the employer and if it contained all the necessary information required by law.

The court determined that the union had not complied with the statutory requirements for a protected action ballot. The notice of the ballot did not include all the required information, and the method of service was not in accordance with the law. Consequently, the court ruled that the ballot was invalid and could not proceed. The court emphasised the importance of strict adherence to the legal framework governing industrial action to ensure that both employers and employees are aware of their rights and obligations. The union's failure to comply with the statutory requirements rendered the ballot unlawful, and the court's decision effectively prevented the proposed industrial action from going ahead.

United Workers' Union v Astron Plastics Pty Ltd T/A Astron Plastics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established