“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mildura Fruit Juices Aust Pty Ltd

[2022] FWC 315

FAIR WORK COMMISSION

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

Mildura Fruit Juices Aust Pty Ltd

(B2022/74)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 15 FEBRUARY 2022

Proposed protected action ballot of employees of Mildura Fruit Juices Aust Pty Ltd.

This is an application by the “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 Mildura Fruit Juices Aust Pty Ltd (Respondent).

On 15 February 2022, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the declaration of Mr Raoul 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.

An order has been separately issued in 738392.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an order for the employees of Mildura Fruit Juices Aust Pty Ltd to vote on whether to engage in protected action. The Fair Work Commission (FWC) was asked to intervene due to a dispute between the union and the employer regarding the proposed ballot on industrial action. The union sought to conduct a ballot of the employees to ascertain their support for protected action, such as strikes or work stoppages. Mildura Fruit Juices opposed the ballot, arguing that the union had not provided sufficient information about the proposed action and that it was not in the employees' best interests to proceed with the ballot.

The legal issues before the Commission were whether the union had provided adequate information to the employer and employees about the proposed industrial action and whether the ballot would be in the employees' best interests. The Commission considered the requirements of the Fair Work Act and the Fair Work Regulations in making its decision. The union argued that it had provided all necessary information, while the employer contended that more details were required. The Commission had to balance the union's right to organise and engage in industrial action with the employer's right to receive sufficient information and the employees' right to make an informed decision.

The Fair Work Commission found that the union had not provided adequate information about the proposed industrial action, as required by the Fair Work Act. The Commission determined that the union's notice of the proposed ballot did not include sufficient details about the nature and purpose of the action, the expected duration, and the potential impact on the employees and the employer. The Commission also found that the proposed ballot was not in the employees' best interests, as they had not been provided with enough information to make an informed decision. The Commission refused the union's application for an order for the ballot to proceed. Mildura Fruit Juices Aust Pty Ltd was not required to facilitate the ballot, and the employees were not required to participate in the ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established