United Workers' Union v Sara Lee Pty Ltd

[2022] FWC 2671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Sara Lee Pty Ltd

(B2022/1496)

VICE PRESIDENT CATANZARITI

PERTH, 4 OCTOBER 2022

Proposed protected action ballot of employees of Sara Lee Pty Ltd

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 Sara Lee Pty Ltd (Respondent).

On 4 October 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Majaraya Buenaflor of the Applicant declared on 30 September 2022, 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.

An Order has been separately issued in PR746483.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the United Workers' Union (UWU) for a protected action ballot order concerning certain employees of Sara Lee Pty Ltd (Sara Lee). The application was made under section 437 of the Fair Work Act 2009, seeking to hold a ballot for proposed protected action. Sara Lee did not oppose the application, prompting the Commission to determine the matter on the basis of the submitted documentation.

The primary legal issue before the Commission was whether the UWU had satisfied the requirements of section 443(1) of the Fair Work Act, which necessitates a notification time for the proposed agreement and evidence that the UWU had genuinely attempted to reach an agreement with Sara Lee. The UWU provided a statutory declaration by Majaraya Buenaflor, asserting that they had been genuinely trying to reach an agreement and that the notification time requirements were met.

The Vice President, Catanzariti, found that the UWU had fulfilled the statutory requirements. Based on the declaration and the absence of opposition from Sara Lee, the Vice President concluded that the UWU had indeed satisfied the conditions for a protected action ballot. Consequently, the application was granted.

An order was subsequently issued in PR746483, allowing the UWU to proceed with the ballot as requested. This decision underscores the importance of adherence to the procedural requirements set out in the Fair Work Act when seeking protected action ballot orders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established