DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
ITW Australia Pty Ltd
(B2021/276)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 APRIL 2021

Proposed protected action ballot of employees of ITW Australia 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 ITW Australia Pty Ltd (Respondent).

[2] On 21 April 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 Mr Steve Howie 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 PR728835.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought a declaration that it could lawfully hold a proposed protected action ballot of employees of ITW Australia Pty Ltd. The dispute arose from the union's intention to conduct a ballot to determine whether its members would support industrial action, including a potential strike. The court was tasked with determining whether the union's actions were compliant with relevant industrial laws.

The primary legal issue before the court was whether the union's proposed ballot was in accordance with the provisions of the Fair Work Act 2009. Specifically, the court had to consider whether the union had followed the necessary procedures for a protected action ballot as outlined in the Act. The court also needed to assess whether the union's actions were reasonable in the circumstances.

The court found that the union had complied with the statutory requirements for a protected action ballot. The union had provided the necessary information to its members and ensured that the ballot was conducted in a fair and transparent manner. The court concluded that the union's actions were reasonable and in line with the industrial relations framework. Consequently, the union was entitled to hold the proposed ballot.

The court granted the union's application for a declaration that it could lawfully hold the proposed protected action ballot. The decision affirmed the union's right to conduct the ballot under the applicable provisions of the Fair Work Act 2009. This ruling ensures that the union can proceed with its intended industrial action, subject to the outcomes of the ballot.

United Workers' Union v ITW Australia 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