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
Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Asia Pacific
(B2019/374)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 MAY 2019

Proposed protected action ballot of employees of Amcor Flexibles (Australia) Pty Ltd t/a Amcor Flexibles Asia Pacific.

[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 Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Asia Pacific (Respondent).

[2] On 13 May 2019, 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 Joshua 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 PR708241.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot among employees of Amcor Flexibles (Australia) Pty Ltd, trading as Amcor Flexibles Asia Pacific. The dispute centred around the procedural fairness of the ballot and whether it adhered to the requirements of the Fair Work Act 2009. The matter was heard in the Federal Court of Australia.

The primary legal issues revolved around the interpretation and application of the Fair Work Act, specifically sections 388 and 389, which govern the conduct of protected action ballots. The court had to determine whether the union had complied with the procedural requirements for such ballots and whether the employer had met its obligations under the Act. A key question was whether the union had provided Amcor Flexibles with sufficient information to enable the employer to respond adequately to the ballot notice.

The court examined the evidence presented by both parties and considered the procedural fairness of the ballot. It found that the union had provided Amcor Flexibles with adequate information and that the employer had not demonstrated any prejudice caused by the ballot process. The court concluded that the union had acted within its rights under the Act and that the employer's procedural fairness claims were without merit. As a result, the union was permitted to proceed with the ballot.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Asia Pacific

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established