DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Dulux Australia
(B2021/957)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 7 OCTOBER 2021

Proposed protected action ballot of employees of Dulux Australia.

[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 Dulux Australia (Respondent).

[2] On 7 October 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 Ms Donna Jordan 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 PR734677.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of United Workers' Union versus Dulux Australia, the union sought to conduct a ballot among employees of Dulux Australia to determine their support for protected action. This action was intended to address workplace issues. The Federal Court of Australia was tasked with determining the admissibility and scope of the proposed ballot.

The court needed to assess whether the ballot complied with the relevant legislative requirements and whether it was an appropriate means to ascertain employee support for potential protected action. A key issue was whether the ballot's scope and content were reasonable and fair, and if it adequately informed the employees of the implications of their participation.

The court concluded that the ballot met the necessary legal standards and was a suitable method to ascertain employee support. It was deemed fair and reasonable, providing employees with sufficient information to make an informed decision. The court held that the union had the right to conduct the ballot as proposed. The final orders of the court allowed the union to proceed with the ballot, ensuring that the process was conducted in accordance with the law.

United Workers' Union v Dulux Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established