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
Mildura Fruit Juices Aust Pty Ltd
(B2019/202)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 12 MARCH 2019

Proposed protected action ballot of employees of Mildura Fruit Juices 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) (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).

[2] On 8 March 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 J 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 PR705713.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an order for a protected action ballot of employees of Mildura Fruit Juices Aust Pty Ltd. The Federal Court was asked to compel the company to allow a vote on whether to take industrial action. The AMWU argued that a ballot was necessary to resolve disputes over pay and conditions, as the union had attempted to negotiate with the company without success. Mildura Fruit Juices opposed the application, claiming the union had not followed proper procedures and that a ballot was not justified.

The court needed to decide whether the AMWU had fulfilled the necessary conditions to hold a ballot under the Fair Work Act. This included assessing whether the union had genuinely attempted to resolve the dispute through direct negotiations with the employer, and whether there was a genuine dispute of a kind that warranted protected action. The court also had to determine if the union's application was made in good faith and whether the ballot would not be contrary to public interest.

The court found that the union had attempted to negotiate in good faith but the employer had not engaged meaningfully. The court concluded that a genuine dispute existed and that the union had satisfied the conditions required to hold a ballot. The union had shown that it had genuinely attempted to resolve the dispute by direct negotiations and that the dispute was of a kind that warranted protected action. The court determined that the application was made in good faith and that holding the ballot would not be contrary to the public interest. Therefore, the court ordered that the employer facilitate the ballot as requested by the union.

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