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
Jamestrong Packaging Australia Pty Ltd
(B2016/1007)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 15 SEPTEMBER 2016

Proposed protected action ballot of employees of Jamestrong Packaging Australia 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) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Jamestrong Packaging Australia Pty Ltd (the Respondent).

[2] On 15 September 2016 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 D Vroland of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR585461.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an action against Jamestrong Packaging Australia Pty Ltd in the Fair Work Commission. The Union sought to conduct a ballot of the employees of Jamestrong Packaging Australia Pty Ltd in relation to protected action. The company opposed the ballot on the basis that it did not meet the statutory requirements under the Fair Work Act 2009 (Cth). The Commission was required to determine whether the ballot complied with the requirements of the Act.

The primary issue for the Commission was whether the ballot complied with the notice requirements in s 374 of the Act. The Union argued that it had provided the requisite notice of the ballot to the employer. The employer contended that the notice was defective, as it did not comply with the requirements set out in the Act. The Commission found that the Union had failed to provide the requisite notice of the ballot to the employer as it did not include the information prescribed by s 374(1) of the Act. The Commission held that the ballot was invalid and dismissed the Union’s application.

The Fair Work Commission dismissed the Union’s application and held that the notice of the ballot did not comply with the requirements of the Act. The employer was not required to facilitate the ballot as it was invalid. The Union’s application was dismissed with no orders as to costs.

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) v Jamestrong Packaging Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established