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
Food Plastics Co. Pty. Ltd.
(B2018/144)

DEPUTY PRESIDENT GOSTENCNIK

BRISBANE, 7 MARCH 2018

Proposed protected action ballot of employees of Food Plastics Co. 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 Food Plastics Co. Pty. Ltd. (Respondent).

[2] On 6 March 2018 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 B Terzic 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 PR600962.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an order from the Fair Work Commission (FWC) for a protected action ballot of the employees of Food Plastics Co. Pty. Ltd. The dispute arose from a proposed amalgamation of two companies, with the AMWU asserting that the ballot was necessary to gauge employee support for potential industrial action. Food Plastics Co. Pty. Ltd opposed the application, arguing that the ballot was premature and not warranted by the circumstances.

The legal issues before the FWC included whether the AMWU had standing to call for a ballot, whether the ballot was necessary and appropriate, and whether the proposed amalgamation constituted a genuine change in employment circumstances that warranted a ballot. The FWC had to balance the union's right to organise and advocate for its members against the potential disruption to the business and the rights of non-union employees.

The FWC found that the AMWU did have standing to call for a ballot, as it represented a significant number of employees. The court determined that the proposed amalgamation did constitute a genuine change in employment circumstances, which warranted a ballot to ascertain employee sentiment. The FWC concluded that a ballot was necessary and appropriate to allow employees to express their views on the potential industrial action. The application for a protected action ballot was therefore granted.

The FWC ordered that a ballot be conducted among the employees of Food Plastics Co. Pty. Ltd to determine their support for potential industrial action in response to the proposed amalgamation. The ballot was to be conducted in accordance with the relevant provisions of the Fair Work Act 2009.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Food Plastics Co. 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