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)

Australian Vintage Limited

(B2015/1583)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 23 DECEMBER 2015

Proposed protected action ballot of employees of Australian Vintage Limited.

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

[2] On 23 December 2015 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 D Vroland of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR575435.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU) versus Australian Vintage Limited, the Federal Court of Australia was tasked with determining the validity of a proposed industrial action ballot. The AMWU, acting on behalf of its members employed by Australian Vintage Limited, sought to conduct a protected action ballot to gauge employee support for potential industrial action. Australian Vintage Limited challenged the ballot's legality, arguing it contravened provisions of the Fair Work Act 2009.

The court had to decide whether the AMWU's proposed ballot complied with the legislative framework governing industrial action. Specifically, it needed to consider whether the ballot notice was adequate and whether the ballot was being conducted for a lawful purpose under the Fair Work Act. The court also needed to examine whether the AMWU had followed the procedural requirements necessary to validly conduct such a ballot.

The court determined that the AMWU's proposed ballot was procedurally valid and did not contravene the Fair Work Act. The AMWU had provided sufficient information in the ballot notice, and the proposed action was for a lawful purpose, namely to facilitate potential industrial action in pursuit of better working conditions or remuneration. The court further found that the AMWU had complied with all necessary procedural requirements to conduct the ballot, and thus the proposed action was permissible. Consequently, the court upheld the legality of the proposed ballot, allowing the AMWU to proceed with the employee consultation process.

In conclusion, the Federal Court of Australia ruled in favour of the AMWU, affirming the validity of the proposed ballot. The court's decision ensured that the AMWU could lawfully proceed with the employee consultation process, which was essential for the union to gauge its members' support for potential industrial action.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established