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
GrainCorp Operations Limited
(B2020/508)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 4 SEPTEMBER 2020

Proposed protected action ballot of employees of GrainCorp Operations Limited.

[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 GrainCorp Operations Limited (Respondent).

[2] On 4 September 2020, my Associate was advised that the Respondent did not object to 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 declaration of Mr D Fox 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 PR722542.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), representing employees of GrainCorp Operations Limited, sought approval for a ballot of its members to authorise protected industrial action. The Fair Work Commission was the forum for this dispute. The AMWU's application for authorisation of a protected action ballot was the central issue. The court had to determine whether the ballot was necessary and appropriate under the Fair Work Act.

The AMWU argued that the ballot was necessary to resolve an industrial dispute over pay and conditions. GrainCorp, on the other hand, contended that the ballot was unnecessary and premature. The Commission examined the nature of the dispute, the steps taken to resolve it, and the likelihood of a successful outcome if the ballot proceeded. The court found that the AMWU had demonstrated a genuine dispute over terms and conditions of employment, and that the ballot was an appropriate step in attempting to resolve that dispute. The Commission approved the ballot, noting the importance of allowing employees to have a say in the resolution of workplace issues.

GrainCorp Operations Limited was directed to facilitate the ballot process in accordance with the Commission's orders. The Commission emphasised the importance of fair and transparent processes in industrial relations, and the right of employees to take protected action in pursuit of their interests. The decision highlighted the role of the Commission in balancing the rights of employers and employees in industrial disputes.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established