Benchmark WA Industrial Relations Case Database

Application by National Union of Workers

[2016] FWC 3103 Fair Work Commission 2016-01-01 cited 1×
Source
Cited 1×
Applicant: National Union of Workers
Respondent: Longwarry Food Park Pty Ltd

Ratio

The Deputy President was satisfied that there was a notification time in relation to the proposed agreement and that the requirements under s.443(1) of the Fair Work Act 2009 had been met, and therefore granted the application for a protected action ballot order.

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 · 5

  • Application made by National Union of Workers under s.437 of the Fair Work Act 2009 for a protected action ballot order
  • Application related to employees of Longwarry Food Park Pty Ltd
  • Respondent did not object to the application
  • Applicant provided statutory declaration of Ms H. Miflin setting out steps taken in bargaining
  • Applicant had been and was genuinely trying to reach agreement with the Respondent Company

Factors

For
  • Respondent did not object to the application
  • Statutory declaration evidence that applicant had been genuinely trying to reach agreement
  • Statutory declaration evidence of steps taken in bargaining
  • Notification time in relation to proposed agreement was established
Against

Legislation referenced

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

Concept tags · 3

[P]Protected action ballot order [S]Industrial activity (s347) [S]Good faith bargaining

Principles · 1

articulates para 4
For a protected action ballot order to be granted under s.437 of the Fair Work Act 2009, there must be a notification time in relation to the proposed agreement and the requirements in s.443(1) must be met.
Archived text (242 words)
Application by National Union of Workers [2016] FWC 3103 (17 May 2016) [2016] FWC 3103 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 - Application for a protected action ballot order National Union of Workers v Longwarry Food Park Pty Ltd (B2016/530) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 17 MAY 2016 Proposed protected action ballot order of employees of Longwarry Food Park Pty 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 Longwarry Food Park Pty Ltd (the Respondent). [2] On 17 May 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 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 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 PR580437 . DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR580440>