Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU) Summary

[2016] FWC 2436

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries

Union" known as the Australian Manufacturing Workers' Union (AMWU)

The Chocolate and Confectionery Company Pty Ltd T/A Ernest Hillier

(B2016/66)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 APRIL 2016

Proposed protected action ballot of employees of The Chocolate and Confectionery Company

Pty Ltd.

[1] This is an application by “Automotive, Food, Metals, Engineering, Printing and

Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

(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 The Chocolate and Confectionery Company

Pty Ltd T/A Ernest Hillier (the Respondent).

[2] On 15 April 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 D

Vroland 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 PR579177.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) lodged an application under section 437 of the Fair Work Act 2009 to hold a protected action ballot for certain employees of The Chocolate and Confectionery Company Pty Ltd T/A Ernest Hillier. The application was made to the Fair Work Commission by the AMWU, which sought to conduct a ballot for its members to take industrial action. The Chocolate and Confectionery Company did not object to the application.

The court needed to determine whether the AMWU had met the statutory requirements to hold a protected action ballot. Specifically, the court had to decide if the union had been genuinely attempting to reach an agreement with the employer and if the necessary notification period under section 443(1) of the Fair Work Act had been observed. The union had provided a statutory declaration from Mr D Vroland, affirming the union's efforts in bargaining with the employer and the steps taken to reach an agreement.

The Deputy President Gostencnik decided to rule on the matter without a hearing, as the employer did not object to the application. The Deputy President was satisfied that the AMWU had met the requirements under section 443(1) of the Fair Work Act, based on the evidence provided, including the statutory declaration from Mr Vroland. The Deputy President concluded that the union had genuinely attempted to reach an agreement and that the notification time for the proposed agreement had been met.

The Fair Work Commission issued an order separately in PR579177, permitting the AMWU to proceed with the protected action ballot for its members at The Chocolate and Confectionery Company. This decision allowed the union to move forward with the ballot to seek support from its members for potential industrial action.

Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established