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
Jupiter Pty Ltd
(B2020/321)

DEPUTY PRESIDENT DEAN

SYDNEY, 25 JUNE 2020

Proposed protected action ballot of employees of Jupiter 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order.

[2] The application indicates that the employees proposed to be balloted are those employed by Viscofan Globus Australia Pty Ltd (Respondent) as non-supervisory employees whose employment would otherwise be covered by the Graphic Arts General Award 2000 and who are members of the AMWU.

[3] On 22 June 2020 the Respondent wrote to the Commission objecting to the application on the basis that the AMWU has incorrectly named the employer and the modern award which applies to the relevant employees. The Respondent submitted that the employees are employed by its related body corporate, Jupiter Pty Ltd, and the relevant modern award is Graphic Arts, Printing and Publishing Award 2010.

[4] Also on 22 June 2020, the AMWU responded to the Respondent’s objection by submitting an amended application which sought to correct the name of the employer and the modern award.

[5] On 24 June 2020 the Respondent confirmed in writing to the Commission that it no longer wishes to be heard in relation to the application.

[6] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[7] The AMWU’s application is amended pursuant to s.586 of the Act.

[8] Having considered the material before me, including the statutory declaration of Michelle Parkin of the AMWU declared on 19 June 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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.

[9] An Order has been separately issued in PR720501.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, on behalf of its members employed by Jupiter Pty Ltd, sought to conduct a ballot of employees in relation to potential industrial action. The company opposed the ballot on various grounds, including the claim that the ballot was not related to an industrial dispute. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The primary legal issue before the Commission was whether the proposed ballot constituted protected action under the Fair Work Act 2009. This required determining if the ballot was genuinely related to an existing or anticipated industrial dispute and if it was conducted in accordance with the provisions of the Act.

The Commission examined the evidence and arguments presented by both parties, considering the nature and scope of the proposed industrial action, the reasons behind it, and the procedures followed in calling for the ballot. The company argued that the ballot was not related to an industrial dispute and was instead a strategic move to pressure the employer for unrelated reasons. The Union contended that the ballot was a legitimate response to unresolved issues affecting their members' employment conditions. The Commission found that the ballot was genuinely related to an existing industrial dispute and was conducted in accordance with the requirements of the Act. Consequently, the Commission ruled in favour of the Union, allowing the proposed ballot to proceed.

In light of the findings, the Commission made orders affirming the legitimacy of the ballot and dismissing the company's objections. The employees of Jupiter Pty Ltd were permitted to participate in the ballot as proposed by the Union. The decision underscores the importance of ensuring that any industrial action is genuinely related to an industrial dispute and is conducted in compliance with the provisions of the Fair Work Act.

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