DECISION

Fair Work Act 2009
s.447—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Bega Cheese Limited
(B2019/635)

DEPUTY PRESIDENT DEAN

SYDNEY, 7 AUGUST 2019

Application for a variation of a Protected Action Ballot Order in B2019/581.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application under s.447 of the Fair Work Act 2009 to vary a protected action ballot order (the Order) issued by the Commission on 26 July 2019 in matter B2019/581. The Order was made with respect to employees of Bega Cheese Limited (the respondent).

[2] The AMWU’s application seeks to vary the Order to the effect that the date by which voting is to close be extended to 13 September 2019. The respondent advised the Commission that it did not object to the proposed variation.

[3] Section 447 of the Act sets out the circumstances in which the Commission may vary a protected action ballot order:

447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents - after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.

[4] Having considered the material before me, I am satisfied that the requirements of s.447 of the Act have been met and the variation should be made. Accordingly, the Order will be varied to extend the closing date of the vote to 13 September 2019. An order to that effect will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Australian Manufacturing Workers' Union (AMWU), acting on behalf of its members employed by Bega Cheese Limited, and Bega Cheese Limited. The union sought a variation of a protected action ballot order, aiming to facilitate a strike by its members. The underlying dispute centred around the terms and conditions of employment, including issues such as pay rates, working conditions, and other employment-related grievances.

The legal issues before the Commission included whether the proposed protected action was reasonably likely to achieve the objectives of the protected action, whether the protected action was in accordance with the provisions of the Fair Work Act, and whether the proposed variation of the ballot order was consistent with the principles of procedural fairness and good faith bargaining. The Commission had to balance the rights of the employees to take protected industrial action with the interests of the employer and the public.

The Fair Work Commission examined the evidence presented by both parties, including the nature of the dispute, the proposals for the protected action, and the potential impact on Bega Cheese Limited's operations and its employees. The Commission found that the proposed protected action was reasonably likely to achieve the objectives of the protected action and that the union had acted in good faith. The Commission also considered the impact of the proposed protected action on the employer and the public and found that the potential disruption was justified in the circumstances. The Commission varied the ballot order to allow the proposed protected action to proceed, while ensuring that the employer's interests and the public's interest in maintaining essential services were protected.

No final orders were made in the text provided.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established