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
Dollar Sweets Company Pty Limited
(B2019/284)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 9 APRIL 2019

Proposed protected action ballot of employees of Dollar Sweets Company Pty Limited.

[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 Dollar Sweets Company Pty Limited (Respondent).

[2] On 8 April 2019, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory 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 PR706719.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), initiated proceedings against Dollar Sweets Company Pty Limited. The AMWU sought a declaration that a proposed protected action ballot of employees of Dollar Sweets was protected action and thus lawful. The dispute arose out of ongoing industrial action by the AMWU in relation to employees' working conditions. The Fair Work Commission, and subsequently the Federal Court, heard the matter.

The primary legal issue was whether the proposed ballot constituted protected action under the Fair Work Act 2009 (Cth). The AMWU argued that the ballot was a lawful means of informing employees about the proposed industrial action, which was protected by the Act. Dollar Sweets contended that the ballot was not protected action and that the AMWU's conduct constituted unlawful industrial action. The court was required to determine the scope of protected action under the Act and whether the ballot fell within that scope.

The court held that the proposed ballot was indeed protected action. It found that the ballot was an essential step in the process of informing employees about the proposed industrial action and ensuring their informed consent. The court emphasised the importance of protecting employees' rights to engage in lawful industrial action. Accordingly, the AMWU was granted a declaration that the proposed ballot was protected action and thus lawful.

No further orders were made. The court's decision confirmed the AMWU's right to conduct the ballot and protected employees' rights to engage in lawful industrial action. The outcome emphasised the importance of ensuring that employees are adequately informed about proposed industrial action and can make an informed decision about their participation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established