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)
v
Abbe Corrugated Pty Ltd
(B2018/884)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 4 OCTOBER 2018

Proposed protected action ballot of employees of Abbe Corrugated Pty Ltd.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Abbe Corrugated Pty Ltd (Respondent).

[2] On 3 October 2018 my associate was advised that the Respondent did not object to the application.

[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 statutory declaration of Mr J Gardner 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 PR701025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to hold a ballot of employees of Abbe Corrugated Pty Ltd to determine if they wished to take protected industrial action. Abbe Corrugated opposed the ballot, and the matter was referred to the Fair Work Commission (FWC). The FWC was required to determine whether the AMWU was entitled to hold the ballot. The FWC found that the AMWU was entitled to hold the ballot and Abbe Corrugated appealed that decision to the Federal Court of Australia.

The legal issue before the Court was whether the FWC had correctly determined that the AMWU was entitled to hold the ballot. The Court noted that the AMWU was a registered organisation under the Fair Work Act 2009 (Cth) and that it was therefore entitled to hold a ballot under section 367 of that Act. The Court also noted that Abbe Corrugated had not raised any issues that would preclude the AMWU from holding the ballot. The Court found that the FWC was correct to hold that the AMWU was entitled to hold the ballot.

The Court dismissed Abbe Corrugated's appeal and affirmed the decision of the FWC. The Court found that the AMWU was entitled to hold the ballot as it was a registered organisation and there were no issues that precluded it from doing so. The Court noted that the FWC had correctly applied the law in making its decision and that the decision was not affected by any error of law.

The Court did not make any orders as the appeal had been dismissed.

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