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
Fyna Foods Victoria Pty Ltd
(B2015/1408)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 2 NOVEMBER 2015

Proposed protected action ballot of employees of Fyna Foods Victoria Pty Ltd.

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

[2] On 2 November 2015 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 D Vroland of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR573541.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), against Fyna Foods Victoria Pty Ltd, the Fair Work Commission was tasked with considering the union's proposed industrial action. The AMWU sought to organise a protected action ballot amongst the employees of Fyna Foods Victoria Pty Ltd, aiming to garner support for potential industrial action. The employer contested the union's application on the grounds that the ballot would cause significant harm to its business operations.

The central legal issue before the Commission was whether the union's proposed ballot met the statutory requirements under the Fair Work Act 2009, specifically whether the industrial action was protected action as defined by the legislation. The Commission had to determine if the proposed ballot was procedurally valid, and if the industrial action it sought to support would be protected from legal challenges by the employer. The Court needed to examine the union's evidence and assess whether the proposed action was genuinely related to the employees' terms and conditions of employment or workplace issues.

The Fair Work Commission found that the union's application for a ballot was procedurally sound and that the proposed industrial action was genuinely related to the employees' terms and conditions of employment. The Commission ruled that the proposed ballot was in accordance with the statutory requirements and that the industrial action would be protected from employer challenges. Consequently, the Commission approved the union's application, allowing the ballot to proceed. The employer's concerns about potential harm to its business were not sufficient to override the union's right to organise the ballot, as the action appeared to be genuinely related to employment issues.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Fyna Foods Victoria 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