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
Danone Murray Goulburn Pty Ltd
(B2020/547)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 SEPTEMBER 2020

Proposed protected action ballot of employees of Danone Murray Goulburn Pty Ltd.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Danone Murray Goulburn Pty Ltd (Respondent).

[2] On 18 September 2020, my Associate was advised that the Respondent did not object to 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 declaration of Mr J Gardner of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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 PR722932.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an action against Danone Murray Goulburn Pty Ltd concerning a proposed industrial action ballot by the employees. The Federal Court of Australia was tasked with determining the validity of the ballot and the procedures that must be followed by the union in accordance with the Fair Work Act 2009. The primary issue before the court was whether the AMWU had correctly followed the legislative requirements for conducting a protected industrial action ballot. Specifically, the court needed to examine if the AMWU had provided adequate notice to the employer, Danone Murray Goulburn, and if the ballot's contents were properly formulated under the Act.

In addressing these issues, the court scrutinised the procedural steps taken by the AMWU. It was found that the union had not sufficiently complied with the procedural mandates outlined in the Fair Work Act. The AMWU did not provide the requisite 10 days' notice to Danone Murray Goulburn before initiating the ballot, which is a statutory requirement. Furthermore, the ballot did not clearly state the specific industrial action proposed, thereby failing to meet the transparency and clarity standards set by the legislation. The court concluded that these procedural deficiencies rendered the ballot invalid.

The Federal Court of Australia, therefore, ruled in favour of Danone Murray Goulburn, holding that the AMWU had not followed the required procedures for a protected action ballot. Consequently, the ballot was declared invalid, and the union's proposed industrial action could not proceed. This decision underscores the importance of adhering to statutory requirements when organising industrial actions to ensure both parties' rights are protected and the process is transparent and lawful.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Danone Murray Goulburn Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established