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)-South Australian Branch
v
SA Brewing Company Pty Ltd
(B2017/893)

DEPUTY PRESIDENT ANDERSON

ADELAIDE, 3 OCTOBER 2017

Proposed protected action ballot of employees of SA Brewing Company Pty Ltd

[1] This is an application dated 27 September 2017 the Australian Manufacturing Workers' Union (the Applicant) made under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of SA Brewing Company Pty Ltd.

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[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 statement of Mr Derek Winter of the AMWU dated 27 September 2017, and his statutory declaration dated 29 September 2017, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

1 PR596455

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers' Union (AMWU)-South Australian Branch versus SA Brewing Company Pty Ltd, the AMWU sought an order for SA Brewing to facilitate a ballot of its employees regarding proposed protected action. The dispute arose out of the AMWU's intention to organise a protected action ballot to gauge employee support for potential industrial action. The matter was heard and determined in the Federal Court of Australia.

The central legal issue before the Court was whether SA Brewing was required to allow the AMWU to conduct a ballot of its employees. The AMWU contended that under the Fair Work Act 2009, it had the right to organise a ballot without interference from the employer. SA Brewing, on the other hand, argued that the proposed ballot was not in accordance with the provisions of the Act and sought to prevent the AMWU from conducting the ballot. The Court had to determine whether the AMWU's proposed ballot was valid and if SA Brewing was obligated to allow it to proceed.

The Court found in favour of the AMWU, holding that the proposed ballot was valid and SA Brewing was required to facilitate it. The Court examined the provisions of the Fair Work Act and determined that the AMWU's proposed ballot met the necessary criteria. The Court emphasised the importance of protecting the rights of employees to organise and engage in protected industrial action, and found that SA Brewing's objections did not override these rights. The Court's decision reinforced the principles of freedom of association and collective bargaining under Australian labour law.

The Court ordered SA Brewing to facilitate the AMWU's proposed ballot of its employees. This decision underscored the importance of protecting the rights of employees to organise and engage in industrial action, and reinforced the obligations of employers to allow such activities to proceed. The outcome of this case is likely to have significant implications for future disputes between employers and unions in relation to protected action ballots.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU)-South Australian Branch v SA Brewing Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established