United Workers' Union v Goodman Fielder Consumer Foods Pty Ltd Summary

[2022] FWC 2611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union

Goodman Fielder Consumer Foods Pty Ltd

(B2022/1460)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 28 SEPTEMBER 2022

Proposed protected action ballot of employees of Goodman Fielder Consumer Foods Pty Ltd.

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 Goodman Fielder Consumer Foods Pty Ltd (Respondent).

On 28 September 2022, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Pareen Minhas 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 PR746286.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the United Workers’ Union seeking to conduct a protected action ballot among certain employees of Goodman Fielder Consumer Foods Pty Ltd. This application was made under section 437 of the Fair Work Act 2009. The Respondent, Goodman Fielder Consumer Foods Pty Ltd, did not object to the application. Consequently, the Deputy President Clancy decided to determine the matter based on the submitted documents without the need for a hearing. The crux of the application was the union's request to hold a ballot for protected action, a process permitted under the Fair Work Act to facilitate collective bargaining.

The legal issues at the heart of this case revolved around the union's right to conduct a protected action ballot and the fulfilment of statutory requirements under the Fair Work Act. Specifically, the Commission had to ascertain whether the union had genuinely attempted to reach an agreement with the employer and if the notification period prescribed by the Act had been observed. These issues were pivotal in determining whether the union's application could proceed.

Upon reviewing the documentation, including a declaration by Pareen Minhas of the United Workers’ Union, the Deputy President Clancy found that the union had indeed been genuinely striving to reach an agreement with the employer. Furthermore, the notification time in relation to the proposed agreement was deemed to be met, satisfying the requirements of section 443(1) of the Fair Work Act. Consequently, the application was approved, and an order was issued in PR746286. This decision underscores the importance of meeting statutory requirements and the procedural safeguards in place to facilitate effective collective bargaining.

No further orders were made beyond the granting of the protected action ballot. This decision highlights the Commission's role in ensuring that the processes for protected action are adhered to, thereby protecting the rights of both employers and employees in the context of industrial relations.

United Workers' Union v Goodman Fielder Consumer Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established