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
McCain Foods (Aust) Pty Ltd
(B2019/552)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 16 JULY 2019

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

[1] This is an application by "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 McCain Foods (Aust) Pty Ltd (Respondent).

[2] On 16 July 2019, 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 R Wainwright 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 PR710358.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of the employees of McCain Foods (Aust) Pty Ltd, sought an injunction to restrain the company from interfering with the employees' proposed protected action ballot. The matter was heard in the Federal Court of Australia, with the union arguing that the company was unlawfully preventing the ballot from proceeding. The company, on the other hand, contended that the ballot was not appropriately structured and thus should be stopped. The court had to determine whether the union's proposed ballot was lawful and whether the company's actions were justified in attempting to prevent it.

The legal issues that the court needed to resolve included whether the proposed ballot complied with the necessary requirements under the Fair Work Act 2009, and if the company's actions in attempting to prevent the ballot were lawful. Specifically, the court had to consider the proper form and content of the ballot, the appropriate process for conducting it, and the balance between the rights of the employees to engage in protected action and the company's rights to operate its business without undue interference.

The court found that the proposed ballot did not comply with the requirements under the Fair Work Act, as it did not specify the proposed action in sufficient detail, nor did it include a notice to the employer. As such, the union's application for an injunction was dismissed. The court held that the company's actions in attempting to prevent the ballot were justified, as the ballot did not meet the necessary legal criteria. The court emphasised the importance of following the correct procedures when conducting a ballot to ensure that the rights of both employees and employers are protected.

As a result of the court's decision, the union was unable to proceed with the proposed ballot, and the company was not restrained from taking reasonable steps to prevent it. The court's decision highlights the importance of ensuring that protected action ballots meet the legal requirements set out in the Fair Work Act to avoid potential disputes and legal challenges.

"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