“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

[2018] FWC 2819

[2018] FWC 2819

FAIR WORK COMMISSION

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.
(B2018/367)

DEPUTY PRESIDENT DEAN SYDNEY, 21 MAY 2018

Proposed protected action ballot of employees of Berri Pty Limited t/a The Daily Drinks Co.

[1] On 15 May 2018 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application for a protected action ballot order pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was made in respect of employees of Berri Pty Limited t/a The Daily Drinks Co (Berri) who are members of the AMWU.

[2] On 16 May 2018 the AMWU filed an amended application in which the only amendment made was to divide the single composite question put in the ballot into separate items so that employees could respond to each form of proposed industrial action, rather than a yes/no answer to endorse the taking of all proposed action.

[3] Berri advised the Commission that it did not oppose the making of a protected action ballot order provided that the ballot question referring to “indefinite or periodic partial work bans” was removed.

[4] The AMWU did not agree to remove the question opposed by Berri. The matter was then listed for hearing before me on 22 May 2018.

[5] On 18 May 2018 correspondence was received from Berri indicating that it no longer maintained its objection to the application.

[6] Given Berri’s withdrawal of its objection, I have decided to determine the matter on the papers without holding a hearing.

[7] On the basis of the material before me, including the statutory declaration of Mr R Shortill of the AMWU setting out the steps taken by it in bargaining with Berri and that it has been, and is, genuinely trying to reach agreement with Berri, I am satisfied that the requirements of s.443(1) of the Act have been met.

[8] In accordance with s.443(1) of the Act, the order sought by the AMWU must be made.

[9] An order has been separately issued in PR607234.

Printed by authority of the Commonwealth Government Printer

<PR607233>