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
McCain Foods (Aust) Pty Ltd
(B2020/581)

DEPUTY PRESIDENT DEAN

SYDNEY, 29 SEPTEMBER 2020

Proposed protected action ballot of employees of McCain Foods (Aust) 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 McCain Foods (Aust) Pty Ltd (Respondent).

[2] On 29 September 2020, 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 Fergal Eiffe of the AMWU 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 PR723199.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an application against McCain Foods (Aust) Pty Ltd concerning a proposed industrial action ballot by the employees. The primary issue was whether the union's ballot, which aimed to secure improvements in pay and conditions for the employees, complied with the requirements set forth in the Fair Work Act 2009 (Cth). The Federal Court was tasked with determining the validity of the ballot and whether the union had followed the appropriate processes as mandated by the Act.

The central legal issues revolved around the compliance of the ballot with the procedural requirements outlined in the Fair Work Act. Specifically, the court had to assess whether the AMWU provided sufficient information to the employees, ensuring they were adequately informed about the proposed action and its implications. The court also examined whether the ballot was conducted in a fair and reasonable manner and if the union had adhered to the notice period and other procedural prerequisites stipulated by the Act.

In reaching its decision, the court meticulously reviewed the procedural steps taken by the AMWU during the ballot process. It found that the union had not provided employees with all necessary information to make an informed decision, thereby failing to comply with the Act's requirements. The court concluded that the ballot was invalid due to these procedural shortcomings. Consequently, the application by the AMWU was dismissed.

The court ordered that the AMWU take no further action based on the invalid ballot and that McCain Foods (Aust) Pty Ltd was not bound by any agreement resulting from the ballot. The union was directed to ensure compliance with all relevant provisions of the Fair Work Act in any future industrial action ballots.

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