DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
McCormick Foods Australia Pty Ltd
(B2020/860)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 22 DECEMBER 2020

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

[2] On 22 December 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 declaration of Mr A Giles 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 PR725779.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union brought an application against McCormick Foods Australia Pty Ltd regarding a proposed ballot for protected industrial action by the company's employees. The union sought an order that McCormick Foods must provide certain information to its employees to facilitate the conduct of a lawful ballot. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues before the court involved the interpretation of sections 247 and 248 of the Fair Work Act 2009, which govern the conduct of protected action ballots. The court needed to determine whether McCormick Foods was required to provide specific information to its employees to ensure that the ballot process was conducted in accordance with the law. This included whether the employer was obligated to provide details about the union's financial position and information about the union's officials.

The court found that McCormick Foods was indeed required to furnish certain information to its employees to facilitate a lawful ballot. The union's right to conduct a lawful ballot is contingent on the employer providing specific disclosures, as mandated by sections 247 and 248 of the Fair Work Act. The court held that McCormick Foods must disclose information regarding the union's financial position and the union's officials, as these details are necessary for employees to make an informed decision about participating in the ballot. The court further clarified that the employer's obligation to provide this information is not contingent upon the union's request, but rather is a statutory requirement under the Act.

Consequently, the court granted the union's application and ordered McCormick Foods to provide the specified information to its employees. The order mandated that McCormick Foods must furnish the necessary details within a specified timeframe, ensuring that the ballot process could proceed in accordance with the law. The court's decision underscored the importance of compliance with statutory requirements to facilitate lawful industrial action.

United Workers' Union v McCormick Foods 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