DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

United Workers' Union
v
FMC Manufacturing Pty Ltd
(B2020/419)

VICE PRESIDENT CATANZARITI

SYDNEY, 6 AUGUST 2020

Proposed protected action ballot of employees of FMC Manufacturing Pty Ltd.

[1] This is an application by United Workers' Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of FMC Manufacturing Pty Ltd (Respondent).

[2] On 5 August 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Ms Brook Shanahan of the Applicant declared on 4 August 2020, setting out the steps taken by it in bargaining with the Respondent and that it has been, and are, 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 PR721592.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of United Workers' Union v FMC Manufacturing Pty Ltd involved the United Workers' Union seeking approval for a ballot of employees of FMC Manufacturing Pty Ltd regarding proposed protected action. The dispute was heard by the Fair Work Commission, which has jurisdiction to determine disputes under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed ballot was necessary and appropriate in the circumstances, and whether it complied with the requirements of the Fair Work Act. The Commission needed to consider the nature of the proposed action, the process for conducting the ballot, and the potential impact on the employees, the employer, and the public.

The Commission found that the proposed ballot was necessary and appropriate given the circumstances of the dispute. The Union had demonstrated that there were reasonable grounds for the proposed action, and the ballot was a suitable means of determining whether the employees supported the proposed action. The Commission also found that the ballot process complied with the requirements of the Fair Work Act, including the need for the ballot to be conducted in a manner that was fair and impartial. The potential impact on the employees, the employer, and the public was also considered, and the Commission was satisfied that the ballot would not cause undue hardship or prejudice.

The Commission approved the proposed ballot and set out the process for conducting it. The Union was required to provide FMC Manufacturing Pty Ltd with details of the ballot, including the proposed action, the proposed ballot date, and the method of conducting the ballot. The employer was given an opportunity to make submissions on the proposed ballot process, and the Commission considered these submissions in determining whether to approve the ballot. The final orders of the Commission approved the proposed ballot and set out the process for conducting it, subject to certain conditions and requirements designed to ensure that the ballot was conducted in a fair and impartial manner.

United Workers' Union v FMC Manufacturing 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