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
Berri Pty Limited T/A The Daily Drinks Co
(B2020/146)

DEPUTY PRESIDENT DEAN

SYDNEY, 11 MARCH 2020

Proposed protected action ballot of employees of Berri Pty Limited T/A The Daily Drinks Co.

[1] This is an application 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 for a protected action ballot order in relation to certain employees of Berri Pty Limited T/A The Daily Drinks Co (Respondent).

[2] On 11 March 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Bradley Hattenfels of the AMWU declared on 10 March 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR717392.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot among the employees of Berri Pty Limited, trading as The Daily Drinks Co. The dispute was heard in the Fair Work Commission. The AMWU aimed to organise a vote among the workers to determine whether they wished to take protected industrial action, specifically to cease work and picket. Berri Pty Limited opposed the ballot, arguing that the AMWU did not have sufficient representation among the workforce to warrant such action.

The legal issues before the Commission centred on whether the AMWU had the requisite membership base to organise a ballot for protected action. The Fair Work Act mandates that a union must have a sufficient proportion of members within the relevant workforce to call for such action. The Commission needed to determine if the AMWU satisfied this threshold, given the specific composition of the workforce at The Daily Drinks Co.

In its decision, the Commission examined the evidence provided by both parties. It assessed the number of union members in relation to the total workforce and considered the union's role and influence within the workplace. The Commission concluded that the AMWU did not have the requisite membership proportion to organise a ballot for protected action. Consequently, the Commission dismissed the AMWU's application to conduct the ballot.

The Fair Work Commission ordered that the AMWU was not permitted to proceed with the proposed ballot for protected action among the employees of Berri Pty Limited.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Berri Pty Limited T/A the Daily Drinks Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established