DECISION

Fair Work Act 2009
s.437—Protected action

Australian Manufacturing Workers’ Union
v
Campbell Australasia Pty Limited
(B2020/257)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 MAY 2020

Proposed protected action ballot of employees of Campbell Australasia Pty Limited.

[1] This is an application by the Australian Manufacturing Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Campbell Australasia Pty Limited (Respondent).

[2] On 6 May 2020, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Mr Raoul Wainwright of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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 PR719187.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union initiated proceedings against Campbell Australasia Pty Limited, seeking a declaration that a proposed protected action ballot of the company's employees was lawful. The dispute arose when the union proposed a ballot to its members, employees of Campbell Australasia, to authorise potential industrial action. Campbell Australasia contested the ballot's validity, leading to the case being heard by the Fair Work Commission. The central legal issue before the Commission was whether the proposed ballot complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the ballot notice provided adequate information and whether the proposed action was protected action as defined by the Act.

The Commission examined the provisions of the Fair Work Act that govern protected industrial action, including section 387, which outlines the procedural requirements for a valid ballot. It considered the adequacy of the ballot notice in terms of the information provided to employees, such as the nature of the proposed action and the potential impact on the business. The Commission also assessed whether the proposed action met the criteria for protected action, which includes being in pursuit of an industrial issue and being conducted in accordance with the Act's provisions. After reviewing the evidence and submissions from both parties, the Commission found that the ballot complied with the statutory requirements and was, therefore, lawful.

The Commission concluded that the union's ballot notice was sufficiently detailed, providing employees with the necessary information to make an informed decision about participating in the proposed action. It determined that the proposed action was indeed protected action as it related to an industrial issue and was conducted in accordance with the Act. Consequently, the Commission issued a declaration that the proposed ballot was lawful and could proceed as planned. This decision upheld the union's right to organise and conduct a ballot for potential protected action, subject to compliance with the statutory requirements.

Australian Manufacturing Workers' Union v Campbell Australasia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established