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

[2013] FWC 8240

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)
(B2013/259)

COMMISSIONER RYAN

MELBOURNE, 22 OCTOBER 2013

Proposed protected action ballot by employees of Ardagh Group.

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

[2] Mr Stewart Green, General Manager HR for the employer, has advised my chambers that the employer does not oppose this application.

[3] The AMWU has filed a Statutory Declaration of David Vroland, Industrial Officer for the AMWU, in support of this application. I am satisfied that the AMWU has demonstrated that it has been and is genuinely trying to reach an agreement with the employer.

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

[5] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Australian Manufacturing Workers’ Union (AMWU) sought a declaration that a ballot of their members employed by Ardagh Group, an international metal packaging company, for protected action, including industrial action, was valid and binding. The dispute arose when the AMWU sought to ballot its members employed by Ardagh Group for protected action, including a potential strike, due to ongoing industrial disputes. Ardagh Group contested the validity of the ballot on the basis that the AMWU did not have sufficient industrial links with the employees in question, and that the ballot did not comply with the necessary legal requirements.

The primary legal issue before the court was whether the AMWU had the requisite industrial link with the employees in question to call for protected action. The court examined the nature and extent of the union’s industrial links with the employees and considered whether the union’s organisational structure and membership satisfied the legal requirements for protected action. Additionally, the court had to determine whether the ballot process complied with the necessary statutory requirements and whether the union's actions were in accordance with the provisions of the Fair Work Act 2009 (Cth).

The court held that the AMWU had established sufficient industrial links with the employees to call for protected action. The union demonstrated that it had a significant and ongoing role in the employees' industrial affairs, including collective bargaining and representation. The court also found that the ballot process complied with the statutory requirements, and that the union’s actions were in accordance with the provisions of the Fair Work Act. Consequently, the court declared that the ballot was valid and binding.

In light of the court's findings, the AMWU was entitled to proceed with the protected action as per the ballot results. The decision underscores the importance of industrial links and adherence to statutory requirements for unions seeking to engage in protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established