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
FPC Food Plastics Pty Ltd
(B2018/543)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 6 JULY 2018

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

[2] On 5 July 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 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 PR608812.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that a proposed protected action ballot of employees of FPC Food Plastics Pty Ltd was lawful. The respondents, FPC Food Plastics Pty Ltd, challenged the ballot. The dispute was heard in the Federal Court of Australia. The central issue before the court was whether the union had provided the requisite notice of the ballot under the Fair Work Act 2009 (Cth). The AMWU argued that it had complied with the statutory requirements by providing written notice of the ballot to the employer, whereas FPC Food Plastics contended that the notice was insufficient as it did not specify the dates for the ballot. The court examined the statutory provisions and found that while the notice did not specify the ballot dates, it did include a time frame within which the ballot was to occur. The court held that the union had substantially complied with the notice requirements, and therefore the proposed ballot was lawful. The court's decision was grounded in the principle that the statutory notice provisions should be interpreted in a manner that promotes industrial harmony and avoids unnecessary disputes. Consequently, the union's application for a declaration of the ballot's lawfulness was successful. The court ordered that the proposed ballot of employees of FPC Food Plastics Pty Ltd was lawful, and directed that the ballot should proceed as planned.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v FPC Food Plastics 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