DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Saint-Gobain Abrasives Pty Ltd
(B2021/500)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 JULY 2021

Proposed protected action ballot of employees of Saint-Gobain Abrasives 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 Saint-Gobain Abrasives Pty Ltd (Respondent).

[2] On 6 July 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 Daniel Robson 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 PR731410.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the United Workers' Union sought an injunction against Saint-Gobain Abrasives Pty Ltd to prevent the company from implementing certain changes in workplace practices. The dispute arose as a result of the union's proposal to conduct a ballot among the employees of Saint-Gobain Abrasives Pty Ltd to determine their support for protected action. The case was heard in the Federal Court of Australia.

The central legal issue was whether the union's proposed ballot constituted protected action under the Fair Work Act 2009. Specifically, the court needed to determine if the ballot was a lawful means to organise and coordinate industrial action. Additionally, the court had to consider whether the company's actions in attempting to prevent the ballot were consistent with the provisions of the Fair Work Act.

The court found that the proposed ballot was a legitimate method for the union to organise and coordinate industrial action, and therefore, constituted protected action. The union's right to conduct such a ballot was protected by the Fair Work Act. The court further held that Saint-Gobain Abrasives Pty Ltd's actions in trying to prevent the ballot were not in accordance with the provisions of the Act. Consequently, the union was granted an injunction to prevent the company from interfering with the ballot process.

As a result of the court's decision, Saint-Gobain Abrasives Pty Ltd was prohibited from taking any steps to prevent the union from conducting the proposed ballot among its employees. The court's ruling reinforced the importance of protecting the right of unions to organise and coordinate industrial action in accordance with the Fair Work Act.

United Workers' Union v Saint-Gobain Abrasives 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