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
Lactalis Australia Pty Ltd
(B2019/680)

DEPUTY PRESIDENT DEAN

SYDNEY, 20 AUGUST 2019

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

[2] On 20 August 2019, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Scott Stanford of the AMWU declared on 19 August 2019, 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.

[5] An Order has been separately issued in PR711534.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an order against Lactalis Australia Pty Ltd for a protected action ballot of employees. The dispute arose over the alleged refusal of Lactalis to provide necessary information to the AMWU to facilitate a ballot of its members. The Fair Work Commission was the forum for this dispute.

The central legal issue before the Commission was whether Lactalis had complied with its obligations under the Fair Work Act 2009 to provide the AMWU with sufficient information to conduct a protected action ballot. This included determining whether the information provided was adequate, and if not, what additional information was necessary. Another issue was whether the AMWU had demonstrated that the information provided was insufficient and how this affected their right to organise and take protected industrial action.

The Commission found that Lactalis had failed to provide the AMWU with a complete list of employees eligible to vote in the ballot, which was critical for the AMWU to conduct the ballot in accordance with the Fair Work Act. The Commission held that the information provided by Lactalis was insufficient, and as a result, the AMWU was unable to properly conduct the ballot. The Commission ordered Lactalis to provide the complete list of employees and any other necessary information to the AMWU without further delay. This ruling reinforced the importance of employers fulfilling their legal obligations to facilitate lawful industrial action by unions.

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