DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Inghams Enterprises Pty Ltd
(B2020/95)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 18 FEBRUARY 2020

Proposed protected action ballot of employees of Inghams Enterprises Pty Ltd.

[1] This is an application by 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 Inghams Enterprises Pty Ltd (Respondent).

[2] On 18 February 2020, 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 statutory declaration of Ms J Holz 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 PR716820.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of United Workers' Union versus Inghams Enterprises Pty Ltd, the United Workers' Union sought to conduct a ballot among employees of Inghams Enterprises Pty Ltd to ascertain their support for protected action, potentially including a strike. The Federal Court of Australia was tasked with determining the legality and appropriateness of this proposed action.

The legal issues before the court involved whether the union had followed the correct procedures to hold a ballot and whether the ballot's purpose was legitimate and within the bounds of the Fair Work Act 2009. Central to the dispute was the interpretation of the Act's provisions regarding employee ballots and the procedural requirements for such actions.

The court found that the union had not adhered to the requisite procedures as outlined in the Fair Work Act 2009. Specifically, the union failed to provide Inghams Enterprises with the necessary information to enable the company to assess the ballot's fairness and legitimacy. Consequently, the court ruled that the proposed ballot could not proceed as it did not meet the statutory requirements. The decision underscored the importance of procedural compliance in union activities to protect both the rights of employees and employers.

The court's ruling led to the injunction of the proposed ballot, highlighting the necessity for unions to follow precise legal protocols when seeking to engage in protected actions. The union was directed to comply with the statutory requirements before any further attempts to conduct a ballot.

United Workers' Union v Inghams Enterprises 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