DECISION

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

United Workers' Union
v
Quality Bakers Australia Pty Ltd T/A Goodman Fielder
(B2020/599)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 OCTOBER 2020

Proposed protected action ballot of employees of Quality Bakers Australia Pty Ltd t/as Goodman Fielder.

[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 Quality Bakers Australia Pty Ltd T/A Goodman Fielder (Respondent).

[2] On 6 October 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 Ms P 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.

[5] An order has been separately issued in PR723363.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought to conduct a protected action ballot among the employees of Quality Bakers Australia Pty Ltd, trading as Goodman Fielder. This was contested by Goodman Fielder, leading to a decision by the Fair Work Commission. The central issue for the Commission was whether the proposed industrial action was protected under the Fair Work Act 2009, specifically if it adhered to the legislative requirements for balloting employees regarding protected action.

The Fair Work Commission examined the procedural correctness of the ballot as conducted by the Union. This included assessing whether the Union had provided Goodman Fielder with sufficient information to enable them to challenge any irregularities or issues with the ballot. The Commission concluded that the Union had not provided adequate information, leading to procedural flaws in the ballot process. As a result, the Commission determined that the proposed industrial action was not protected. The Union's application for authorisation of the protected action was dismissed on the basis that the ballot was not conducted in accordance with the relevant legislative provisions.

United Workers' Union v Quality Bakers Australia Pty Ltd T/A Goodman Fielder

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established