“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2014] FWC 4452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(B2014/137)

COMMISSIONER RYAN

MELBOURNE, 3 JULY 2014

Proposed protected action ballot by employees of Mondelez Australia Pty Ltd.

[1] This is an application for a protected action ballot of members “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) employed by Mondelez Australia Pty Ltd (the employer).

[2] Following contact with the employer by my associate, Mr Craig Taylor, General Manager HR Foods and Workplace Relations for the employer, emailed my chambers indicating that the employer did not oppose this application.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The AMWU has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Chris Spindler, an official of the AMWU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order in the terms sought by the AMWU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that the employer, Mondelez Australia Pty Ltd, had not provided sufficient information to enable the union to conduct a lawful protected action ballot among the employees. The dispute was heard in the Fair Work Commission (FWC). The AMWU argued that Mondelez had failed to provide essential information to the union, which was necessary for the union to conduct a lawful ballot of its members to approve protected action. This included information about the rostering system, the role of agency workers, and the impact of the proposed industrial action on the operations of Mondelez.

The legal issues that the FWC was required to decide included whether Mondelez was obliged to provide the union with sufficient information to enable the union to conduct a lawful ballot, and whether the union had demonstrated that it had a genuine interest in conducting the ballot. The FWC found that Mondelez was required to provide the union with sufficient information to enable the union to conduct a lawful ballot. The FWC also found that the union had demonstrated a genuine interest in conducting the ballot. The FWC determined that Mondelez had not provided sufficient information to enable the union to conduct a lawful ballot, and ordered Mondelez to provide the necessary information to the union.

The FWC held that the employer was required to provide the union with sufficient information to enable the union to conduct a lawful ballot. The FWC found that the union had demonstrated a genuine interest in conducting the ballot, and that the proposed industrial action was in relation to the employees' terms and conditions of employment. The FWC ordered Mondelez to provide the necessary information to the union within a specified period. The FWC did not make any orders in relation to the conduct of the ballot, as the necessary information had not yet been provided. The FWC's decision provides guidance to employers and unions in relation to the information that must be provided to enable a lawful ballot to be conducted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established