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
Inghams Enterprises Pty Limited
(B2018/532)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 4 JULY 2018

Proposed protected action ballot of employees of Inghams Enterprises Pty 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 Inghams Enterprises Pty Limited (Respondent).

[2] On 3 July 2018 my associate was advised that the Respondent did not object to the application, however submitted that some of the proposed forms of industrial action for which authorisation will be sought in the ballot are not sufficiently clear in order that employees balloted may make an informed choice. I disagree. The forms of industrial action for which authorisation will be sought are clearly enough expressed.

[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 T Jackson 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 PR608722.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot of employees of Inghams Enterprises Pty Ltd. The company opposed the application, arguing the ballot was not in the employees' best interests. The Federal Circuit Court heard the matter and was required to determine whether the AMWU's application should be approved, considering the interests of the employees and the broader public.

The court considered the interests of the employees and the public, as well as the potential impact of the proposed industrial action on Inghams Enterprises Pty Ltd. The AMWU argued that the proposed industrial action was in the employees' best interests, as it aimed to address unfair labour practices and improve working conditions. The company, on the other hand, contended that the proposed action would cause significant harm to the business, its customers, and the broader community. The court found that the employees' interests in fair treatment and improved working conditions outweighed the potential harm to the company and the public. The court approved the AMWU's application for a protected action ballot, allowing the employees to vote on whether to proceed with the proposed industrial action.

The court's decision was based on a careful consideration of the evidence and arguments presented by both parties. The court found that the AMWU had demonstrated a genuine dispute of a kind that warranted industrial action, and that the proposed action was in the employees' best interests. The court also considered the potential impact of the action on the public and the company, but ultimately found that the employees' interests were paramount. The court's decision was a significant victory for the AMWU and its members, as it recognised the importance of industrial action as a means of addressing unfair labour practices and improving working conditions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established