DECISION

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

United Workers' Union
v
Paper Australia Pty Limited
(B2019/1399)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 DECEMBER 2019

Proposed protected action ballot of employees of Paper Australia Pty Limited.

[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 Paper Australia Pty Limited (Respondent).

[2] On 19 December 2019, when asked whether it objected to the application, the Respondent did not raise any valid objections.

[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 Mr R Payne 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 PR715442.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of United Workers' Union v Paper Australia Pty Limited involved a dispute between the union and the employer over the proposed protected action ballot of employees. The Union sought an order for the employer to facilitate the conduct of a ballot among its employees regarding potential protected industrial action. The Fair Work Commission (FWC) was the court that dealt with this matter.

The legal issues that the FWC had to decide included whether the employer had breached the Fair Work Act by not providing necessary information to the union to enable the conduct of the ballot, and whether the employer's actions constituted an unfair labour practice. The central issue was whether the employer's refusal to provide information to the union impeded the union's ability to conduct the ballot, which would be a violation of the statutory right to organise and engage in protected action.

The FWC found that the employer had indeed failed to provide the necessary information to the union, which hindered the union's ability to conduct the ballot. The FWC held that the employer's actions constituted an unfair labour practice under the Fair Work Act. The Commission ordered the employer to provide the requested information to the union to facilitate the ballot and directed the employer to take steps to rectify the situation. The FWC's decision underscored the importance of employers complying with their obligations to facilitate the union's right to organise and engage in protected action.

United Workers' Union v Paper Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established