[2014] FWC 4071
DECISION
| Fair Work Act 2009 |
| s.437 - Application for a protected action ballot order |
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
v
McCain Foods (Australia) Pty Ltd
(B2014/879)
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
McCain Foods (Australia) Pty Ltd
(B2014/122)
| DEPUTY PRESIDENT KOVACIC | MELBOURNE, 19 JUNE 2014 |
Proposed protected action ballot by employees of McCain Foods (Australia) Pty Ltd.
[1] These are applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work
Act 2009 (the Act) for protected action ballot orders in relation to certain employees of
McCain Foods (Australia) Pty Ltd (the Respondent).
[2] The CEPU and the AMWU have provided Statutory Declarations addressing the statutory grounds. Those Statutory Declarations make it clear that the parties have met on approximately four occasions since 16 May 2014 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.
[3] On 17 June 2014 I was advised by Mr Brian Neylon, the HR Manager ISC Aust/NZ,
that the Respondent will not oppose the ballot. In doing so, the Respondent did not challenge
that the CEPU and the AMWU had been and was genuinely trying to reach agreement.
[4] In the circumstances, I have decided to determine the matter on the papers without
holding a hearing.
[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1)
of the Act have been met. Accordingly, I will make orders. The orders [PR552204 and
[2014] FWC 4071
PR552205] are based on the draft orders provided by the CEPU and the AMWU and will be issued in conjunction with this decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR552203>
- AGLC
- Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2014] FWC 4071
- Case
- [2014] FWC 4071
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the unions had genuinely attempted to reach agreement with the employer and if the requirements of section 443(1) of the Act were satisfied to permit a protected action ballot. The unions submitted statutory declarations stating they had made efforts to negotiate an agreement, though without success. The employer did not oppose the ballot and acknowledged the unions' genuine attempts to reach an agreement.
The Deputy President determined the matter on the papers without a hearing, satisfied that the unions had genuinely tried to negotiate and that the requirements of section 443(1) of the Act were met. Consequently, orders were made allowing the unions to proceed with the protected action ballot as requested. The orders were based on the draft orders provided by the unions and were issued alongside the decision.
The final orders, PR552204 and PR552205, granted the unions the right to conduct the protected action ballot as per their application. This decision enabled the unions to proceed with their planned industrial action following the ballot, subject to the legal protections and processes outlined in the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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