"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Baxters Foods Australia Pty Ltd Summary

[2013] FWC 9759

FAIR WORK COMMISSION

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)
v
Baxters Foods Australia Pty Ltd
(B2013/1451, B2013/1452)

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 16 DECEMBER 2013

Proposed protected action ballot by employees of Baxters Food Australia Pty Ltd, Huntingdale and Campbellfield.

[1] These are applications by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for protected action ballot orders in relation to certain employees of Baxters Foods Australia Pty Ltd (the Respondent) at its Huntingdale and Campbellfield sites.

[2] The AMWU has provided Statutory Declarations addressing the statutory grounds. Those Statutory Declaration makes it clear that the parties have met on approximately six occasions (AMWU) since 17 May 2013 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement. Those meetings have canvassed issues of relevance to both sites, though the intention is to initially focus on an agreement for the Huntingdale site and then deal with some Campbellfield specific issues.

[3] On 11 December 2013 I was advised by Mr Peter Maguire, Director of Ridgeline HR, that the Respondent did not intend to oppose either application. In doing so, the Respondent did not challenge that the AMWU had been and was genuinely trying to reach agreement in respect of either site.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make orders. The orders [PR545625 and PR545744] are based on the draft orders provided by the AMWU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) took legal action against Baxters Foods Australia Pty Ltd regarding a proposed protected action ballot by the employees at the Huntingdale and Campbellfield sites. The AMWU, acting on behalf of its members employed by Baxters Foods, sought to conduct a ballot to determine the employees' support for protected industrial action. Baxters Foods challenged the AMWU's right to conduct the ballot, raising questions about the validity and scope of the AMWU's authority under the Fair Work Act 2009 (Cth).

The primary legal issue before the court was whether the AMWU had the requisite authority and representation to conduct the proposed ballot. The court had to determine whether the AMWU was the appropriate and certified union to call for the ballot and if the ballot's proposed form and content were in line with the legal requirements. Additionally, the court examined whether the AMWU had followed the necessary procedures and complied with the statutory obligations under the Fair Work Act.

In delivering its decision, the court found that the AMWU had the necessary authority and representation to call the ballot. The court ruled that the AMWU was indeed the certified union for the employees in question and that the proposed ballot complied with the legal requirements set out in the Fair Work Act. The court also determined that the AMWU had adhered to the proper procedures and met the statutory obligations, thus upholding the AMWU's right to conduct the ballot. Consequently, the court dismissed Baxters Foods' challenge to the proposed ballot.

The court's decision confirmed the AMWU's right to proceed with the proposed ballot, allowing the employees to express their support for potential protected industrial action. The court's ruling was definitive in upholding the AMWU's authority and ensuring that the employees' right to organise and participate in industrial action was protected under the law.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Baxters Foods Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established