"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Campbell Australasia Pty Ltd T/A Campbell's Soups Australia

[2023] FWC 3427

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

Campbell Australasia Pty Ltd T/A Campbell's Soups Australia

(B2023/1390)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 DECEMBER 2023

Proposed protected action ballot of employees of Campbell Australasia Pty Ltd Trading As Campbell's Soups Australia

This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Campbell Australasia Pty Ltd T/A Campbell's Soups Australia (Campbell’s or Employer).

On 20 December 2023, the Commission was advised, in effect, that Campbell’s did not object to the Application.

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

On the basis of the material before me, including the declaration of Mr Stephen Fodrocy, on behalf of the AMWU Victorian branch, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Campbell’s, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 7 February 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An order has been separately issued in PR769672.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order concerning employees of Campbell Australasia Pty Ltd, trading as Campbell's Soups Australia. The AMWU sought the order under section 437 of the Fair Work Act 2009, citing ongoing issues in its negotiations with the employer. Campbell's Soups Australia did not object to the application, leading the Deputy President Hampton to proceed with the matter on the submitted documentation without a hearing.

The legal issues at hand involved determining whether the AMWU had genuinely attempted to reach an agreement with Campbell's Soups Australia and if all statutory requirements for a protected action ballot had been met. The Deputy President Hampton considered the declaration of Mr Stephen Fodrocy, who attested to the union's good faith efforts in bargaining. The union's adherence to the notification period and compliance with the prerequisites of section 443(1) of the Fair Work Act were also scrutinized.

Based on the evidence presented, the Deputy President Hampton was satisfied that the AMWU had indeed been genuinely attempting to negotiate with the employer and that all legal requirements were fulfilled. Consequently, the Commission granted the application and mandated that the Australian Electoral Commission conduct the ballot, with voting to close on 7 February 2024. The decision also established this date as the closing date for the ballot period under section 448A(2) of the Act. Furthermore, a separate order was issued to facilitate a compulsory conciliation conference, aimed at ensuring meaningful negotiations between the parties.

The final order authorised the AMWU to proceed with the protected action ballot, set the closing date for voting, and mandated a conciliation conference to be overseen by another Member of the Commission. The Deputy President Hampton's decision was grounded in the union's demonstrated efforts in negotiations and compliance with the statutory requirements for a protected action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established