Benchmark WA Industrial Relations Case Database

Application by National Union of Workers

[2016] FWC 977 Fair Work Commission 2016-01-01 cited 1×
Source
Cited 1×
Applicant: National Union of Workers
Respondent: Yakult Australia Pty Ltd

Ratio

The Fair Work Commission granted the National Union of Workers' application for a protected action ballot order under s.437 of the Fair Work Act 2009 because the requirements under s.443(1) were met, including evidence that the union had genuinely tried to reach agreement with the employer in bargaining.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 3

  • Union had been genuinely trying to reach agreement with the employer
  • Respondent did not object to the application at hearing
  • Matter determined on papers without full hearing

Factors

For
  • Union satisfied requirements of s.443(1)
  • Genuine bargaining attempts documented by statutory declaration
  • Employer consented to order
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s.437
  • Fair Work Act 2009 (Cth) s.443(1)

Concept tags · 3

[P]Protected action ballot order [S]Good faith bargaining [S]Protected industrial action
Archived text (251 words)
Application by National Union of Workers [2016] FWC 977 (12 February 2016) [2016] FWC 977 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 - Application for a protected action ballot order National Union of Workers v Yakult Australia Pty Ltd (B2016/268) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 FEBRUARY 2016 Proposed protected action ballot of employees of Yakult Australia Ltd. [1] This is an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Yakult Australia Pty Ltd (the Respondent). [2] At the hearing before me on 11 February 2016 the Respondent advised that it did not object to the application. [3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing. [4] On the basis of the material before me, including the statutory declaration of Ms H Miflin of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met. [5] An order has been separately issued in PR577027 . DEPUTY PRESIDENT Appearances : Ms H Miflin for the National Union of Workers Ms T Tan for Yakult Australia Ltd Hearing details: Melbourne. 2016. February 11. Printed by authority of the Commonwealth Government Printer <Price code A, PR577045>