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
McPherson’s Printing Pty Ltd
(B2020/6)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 9 JANUARY 2020

Proposed protected action ballot of employees of McPherson’s Printing 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 McPherson’s Printing Pty Ltd (Respondent).

[2] On 8 January 2020, my Associate was advised that the Respondent did not object to 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 Mr Joshua Gardner 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 PR715830.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), versus McPherson's Printing Pty Ltd, was heard in the Fair Work Commission. The AMWU sought to conduct a protected action ballot among the employees of McPherson's Printing Pty Ltd, a decision which the latter contested on the grounds that the ballot was not related to a genuine industrial dispute. The court had to determine the validity of the AMWU's proposed ballot and whether it was indeed connected to a genuine industrial dispute as required by the Fair Work Act 2009.

The primary legal issue was whether the AMWU's proposed ballot related to a genuine industrial dispute. This required an examination of the specific circumstances of the employees and the company, including the nature and context of the dispute, the potential impact on employment, and the relevance of the proposed action to the employees' working conditions. The court also had to assess if the AMWU had acted in accordance with the provisions of the Fair Work Act regarding protected industrial action.

In its decision, the Fair Work Commission concluded that the AMWU's proposed ballot did indeed relate to a genuine industrial dispute. The court found that the AMWU had provided sufficient evidence that there were real and significant issues concerning the employees' working conditions and that these issues were of a nature that warranted the proposed industrial action. The Commission emphasised the importance of the employees' right to take protected action and determined that the AMWU had acted within the bounds of the law in proposing the ballot. As a result, the AMWU's application for authorisation of the protected action ballot was upheld.

The Fair Work Commission ordered that the AMWU's proposed ballot among the employees of McPherson's Printing Pty Ltd be authorised. The company was directed to facilitate the conduct of the ballot in accordance with the Commission's decision. This ruling recognised the employees' right to organise and take protected action in pursuit of their legitimate industrial objectives.

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