United Workers' Union v Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd Summary

[2021] FWC 6496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd
(B2021/1166)

VICE PRESIDENT CATANZARITI

SYDNEY, 2 DECEMBER 2021

Proposed protected action ballot of employees of Ricegrowers Limited

[1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd (Respondent).

[2] The Fair Work Commission was advised that the Respondent did not wish to be heard on 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 Thomas Czech of the Applicant declared on 23 November 2021, 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 PR736367.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of United Workers' Union versus Ricegrowers Limited trading as SunRice, CopRice Feeds, and Australian Grain Storage Pty Ltd, was heard before the Fair Work Commission. The union sought approval to conduct a protected action ballot among the employees of Ricegrowers Limited, which included the entities trading as SunRice, CopRice Feeds, and Australian Grain Storage. The ballot was proposed to determine the employees' support for potential industrial action.

The central legal issues before the Commission were whether the proposed ballot complied with the requirements of the Fair Work Act 2009, and if it was necessary and appropriate for the employees to exercise their right to take industrial action. The Commission had to assess if the ballot was a genuine expression of the employees' wishes and if it was conducted in a manner that did not unduly influence the employees.

In its decision, the Commission determined that the union had provided sufficient information to the employees to enable them to make an informed decision about participating in the ballot. The Commission found that the ballot was necessary and appropriate, as it was a legitimate means for the employees to express their support for potential industrial action. The Commission concluded that the ballot was conducted in accordance with the requirements of the Fair Work Act and did not unduly influence the employees. Consequently, the Commission approved the union's application for the ballot.

The Fair Work Commission approved the union's application to conduct the protected action ballot, finding that it met the legal requirements and was necessary and appropriate for the employees to exercise their right to take industrial action. The Commission's decision allowed the employees of Ricegrowers Limited to participate in the ballot to determine their support for potential industrial action.

United Workers' Union v Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established