Benchmark WA Industrial Relations Case Database

Application by National Union of Workers

[2016] FWC 1788 Fair Work Commission 2016-01-01 cited 1×
Source
Cited 1×
Applicant: National Union of Workers
Respondent: Murray Goulburn Co-operative Co. Limited

Ratio

The FWC made a protected action ballot order under s.437 of the Fair Work Act 2009, having found that the statutory requirements under s.443(1) were satisfied based on evidence that the applicant union had genuinely tried to reach agreement with the respondent company through 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 · 6

  • Application made by the National Union of Workers under s.437 of the Fair Work Act 2009 for a protected action ballot order
  • Proposed ballot concerns employees of Murray Goulburn Co-operative Co. Limited
  • Respondent did not object to the application
  • Applicant provided statutory declaration setting out steps taken in bargaining with respondent
  • Applicant had been and was genuinely trying to reach agreement with the respondent company
  • Determination made on the papers without a hearing

Factors

For
  • Respondent did not object to the application
  • Statutory declaration from applicant demonstrating steps taken in bargaining
  • Evidence that applicant had been genuinely trying to reach agreement with respondent
Against

Legislation referenced

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

Concept tags · 2

[P]Protected action ballot order [S]Good faith bargaining
Archived text (215 words)
Application by National Union of Workers [2016] FWC 1788 (21 March 2016) [2016] FWC 1788 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 —Protected action National Union of Workers (B2016/383) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 21 MARCH 2016 Proposed protected action ballot of employees of Murray Goulburn Co-operative Co. Limited. [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 Murray Goulburn Co-operative Co. Limited. (the Respondent). [2] On 21 March 2016 my associate was advised that the Respondent 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 Mr P Richardson 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 PR578223 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR578223>