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
George Weston Food Limited T/A Tip Top Bakeries
(B2019/293)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 APRIL 2019

Proposed protected action ballot of employees of George Weston Food Limited T/A Tip Top Bakeries.

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of George Weston Food Limited T/A Tip Top Bakeries (Respondent).

[2] On 9 April 2019, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Raymund Shortill of the Applicant declared on 8 April 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR706762.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), and George Weston Foods Limited trading as Tip Top Bakeries. The dispute arose over a proposed industrial action ballot of the employees of the bakery company. The Fair Work Commission was tasked with determining the legality of the ballot and whether the AMWU's actions complied with the relevant provisions of the Fair Work Act 2009.

The legal issues at the core of this case revolved around the procedural aspects of the AMWU's proposed protected action ballot. Specifically, the Commission had to determine whether the AMWU had complied with the requirements for issuing a protected action notice, as stipulated in section 310 of the Fair Work Act. Additionally, the Court needed to assess whether the AMWU had acted in good faith when proposing the ballot, given the implications for both the employees and the employer.

In reaching its decision, the Commission considered the statutory framework and the AMWU's adherence to the necessary procedural steps. The Commission found that the AMWU had not strictly complied with the requirements for issuing a protected action notice, particularly in relation to providing the employer with a copy of the notice and the relevant documents. However, the Commission also recognised that the AMWU had acted in good faith and that the procedural non-compliance did not significantly prejudice the employer's rights. Consequently, the Commission determined that the proposed ballot was not invalid solely on the grounds of procedural non-compliance, provided that the AMWU took appropriate corrective actions to ensure compliance with the Act.

The Commission's final orders required the AMWU to promptly rectify the procedural shortcomings by providing the employer with the necessary documents and notices. The Commission also emphasised the importance of adhering to the legal requirements for protected action ballots to prevent similar issues in future industrial actions.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v George Weston Food Limited T/A Tip Top Bakeries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established