"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v George Weston Foods Limited Summary

[2018] FWC 3072

FAIR WORK COMMISSION

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)

George Weston Foods Limited

(B2018/416)

Deputy President Gostencnik

MELBOURNE, 29 MAY 2018

Proposed protected action ballot of employees of George Weston Foods Limited.

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 George Weston Foods Limited (Respondent).

On 28 May 2018 my associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Mr N Grealy 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.

An order has been separately issued in PR607559.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought a proceeding in the Fair Work Commission against George Weston Foods Limited, regarding a proposed protected action ballot of employees. The AMWU sought an order that a ballot of the employees of George Weston Foods Limited be conducted. The AMWU claimed that the proposed protected action was protected action under the Fair Work Act 2009. George Weston Foods Limited opposed the application. It submitted that the ballot was not a protected action because it was not a protected industrial action. The AMWU relied on section 352 of the Fair Work Act 2009 to support its claim that the ballot was protected action. The AMWU argued that section 352 of the Fair Work Act 2009 permitted the employees to conduct a ballot to determine whether the employees wished to take industrial action. The AMWU submitted that the ballot was protected action because it was necessary to take the industrial action. The employer submitted that the ballot was not protected action because it was not an action to stop work or to prevent work being done. The employer also submitted that the ballot was not protected action because it was not industrial action. The Commission found in favour of the AMWU. The Commission considered that the ballot was protected action. The Commission found that the ballot was protected action because it was industrial action and it was necessary to take the industrial action. The Commission ordered that a ballot of the employees of George Weston Foods Limited be conducted.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established