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
Graphic Packaging International Australia Converting Ltd
(B2021/623)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 4 AUGUST 2021

Proposed protected action ballot of employees of Graphic Packaging International Australia Converting Ltd.

[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 Graphic Packaging International Australia Converting Ltd (Respondent).

[2] On 4 August 2021, 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 Barry Terzic 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 PR732473.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers' Union (AMWU) against Graphic Packaging International Australia Converting Ltd, the dispute centred on a proposed ballot of employees regarding protected action. The Fair Work Commission heard the matter, tasked with determining the legality and appropriateness of the ballot under the Fair Work Act 2009. The AMWU sought to conduct a ballot to ascertain the employees' support for potential industrial action, while Graphic Packaging International contested the ballot's validity and appropriateness.

The central legal issue was whether the AMWU's ballot complied with the legislative requirements and whether the proposed action was appropriate in the circumstances. The Commission examined whether the ballot was held for a genuine purpose, whether it was necessary and appropriate, and if the AMWU had provided sufficient information to the employees to make an informed decision. Furthermore, the Commission had to consider whether the proposed action was protected action as defined by the Act and if the AMWU had followed the procedural prerequisites.

The Commission determined that the AMWU's ballot was conducted appropriately and in compliance with the Fair Work Act. It found that the AMWU had provided employees with adequate information to make an informed decision, and the proposed action was necessary and appropriate given the context of the dispute. The ballot was deemed to be for a genuine purpose, and the proposed industrial action was considered protected action as defined in the legislation. Consequently, the Commission upheld the appropriateness of the ballot and the AMWU's right to proceed with the proposed industrial action.

No specific final orders were made in the text provided, but the decision affirmed the AMWU's right to conduct the ballot and pursue the proposed industrial action.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Graphic Packaging International Australia Converting Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established