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 Foods Limited T/A Don
(B2018/804)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 SEPTEMBER 2018

Proposed protected action ballot of employees of George Weston Foods Limited T/A Don.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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 T/A Don (Respondent).

[2] On 6 September 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 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.

[5] An order has been separately issued in PR700201.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration and injunction against George Weston Foods Limited T/A Don (George Weston), alleging that the company had failed to provide necessary information to the union in relation to a proposed ballot of employees. The Federal Court was asked to determine whether George Weston was required to provide the union with a list of its employees and other information in order to facilitate the conduct of a lawful ballot. The court was required to decide whether the company's refusal to provide the information was a breach of section 170CB of the Fair Work Act 2009 (Cth).

The court considered the relevant provisions of the Fair Work Act, and determined that George Weston was required to provide the union with the information it had requested. The court found that the company's refusal to provide the information was a breach of section 170CB of the Act, which requires an employer to provide a registered union with information that is necessary to enable the union to conduct a lawful industrial action ballot. The court emphasised that the provision was intended to ensure that unions had access to the information they needed to conduct lawful industrial action, and that employers could not frustrate or hinder such action by withholding information.

As a result of the court's decision, George Weston was ordered to provide the union with the information it had requested, and to take all necessary steps to facilitate the conduct of the ballot. The court also made an order that George Weston pay the union's costs of the proceedings. This decision reinforces the importance of employers complying with their obligations under the Fair Work Act, and the rights of unions to conduct lawful industrial action.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established