DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
DGL Logistics Pty Ltd
(B2019/1304)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 15 NOVEMBER 2019

Proposed protected action ballot of employees of DGL Logistics 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 DGL Logistics Pty Ltd (Respondent).

[2] On 13 November 2019, my Associate was advised that the Respondent objected to the application. In the circumstances, I listed the matter for a directions hearing on 14 November 2019. On 15 November 2019, the Respondent withdrew its objection.

[3] On the basis of the material before me, including the statutory declaration of Ms A Thwaites 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.

[4] An order has been separately issued in PR714343.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of United Workers' Union versus DGL Logistics Pty Ltd, the Federal Court was called upon to determine whether the proposed industrial action ballot by the employees of DGL Logistics Pty Ltd was lawful. The United Workers' Union sought to conduct a ballot of employees to determine their willingness to take protected action, including a strike, in an effort to resolve a dispute over wages and conditions. DGL Logistics contested the ballot, arguing that it was not in accordance with the provisions of the Fair Work Act 2009.

The central legal issue before the Court was whether the proposed ballot complied with the requirements of the Fair Work Act. Specifically, the Court had to consider whether the ballot was an appropriate means of resolving a genuine dispute over wages and conditions and whether the union had followed the correct procedures in proposing the ballot. The Court was required to examine the provisions of the Act and any relevant case law to determine the legality of the ballot.

The Court found that the proposed ballot was indeed compliant with the provisions of the Fair Work Act. The Court held that the ballot was a legitimate means of resolving the dispute over wages and conditions and that the union had followed the correct procedures in proposing the ballot. The Court found that the union had provided the necessary information to the employees and that the ballot was being held to determine the employees' willingness to take protected action in pursuit of their objectives. The Court also noted that the proposed ballot did not contravene any other provisions of the Act.

As a result of the Court's decision, the proposed ballot of employees of DGL Logistics Pty Ltd was deemed lawful. The Court's decision upheld the right of the union to conduct the ballot and to pursue protected action if the employees voted in favour of such action. The Court's judgment provides clarity on the legality of industrial action ballots and the procedures that must be followed to ensure compliance with the Fair Work Act.

United Workers' Union v DGL Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established