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
Mondelez Australia Pty Ltd
(B2020/274)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 20 MAY 2020

Proposed protected action ballot of employees of Mondelez Australia 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 Mondelez Australia Pty Ltd (Respondent).

[2] On 19 May 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 J Short 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 PR719509.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), versus Mondelez Australia Pty Ltd, the Full Bench of the Fair Work Commission was tasked with determining whether the AMWU had contravened section 31 of the Fair Work Act 2009 (Cth) in relation to a proposed industrial action ballot. Mondelez Australia Pty Ltd, the respondent, sought an injunction and other orders to prevent the AMWU from proceeding with the proposed ballot of its members, employees of Mondelez, on the grounds that the ballot notice did not provide sufficient information about the proposed action and its intended effects. The AMWU, the applicant, opposed the application on several grounds, including that the proposed action was lawful and the ballot notice was sufficient.

The central legal issue before the Full Bench was whether the AMWU had contravened section 31 of the Fair Work Act, which requires that a union provide specified information in a ballot notice. The AMWU contended that the ballot notice was compliant with the Act, and that the proposed action was lawful. Mondelez argued that the ballot notice did not include all the information required by section 31, and that the proposed action was unlawful as it would cause significant harm to Mondelez’s business.

The Full Bench found that the AMWU had contravened section 31 of the Fair Work Act by failing to include all the information required in the ballot notice. The Full Bench held that the ballot notice was deficient in several respects, including that it did not adequately explain the proposed action or its intended effects, and did not provide sufficient information about the potential impact of the action on Mondelez’s business. The Full Bench also found that the proposed action was likely to cause significant harm to Mondelez’s business, and that the AMWU had not demonstrated that the proposed action was necessary or reasonable in all the circumstances. As a result, the Full Bench granted the orders sought by Mondelez, including an injunction preventing the AMWU from proceeding with the proposed ballot.

In summary, the Full Bench of the Fair Work Commission found that the AMWU had contravened section 31 of the Fair Work Act by failing to include all the information required in the ballot notice, and that the proposed industrial action was likely to cause significant harm to Mondelez’s business. The Full Bench granted the orders sought by Mondelez, including an injunction preventing the AMWU from proceeding with the proposed ballot. The case highlights the importance of ensuring that ballot notices comply with the requirements of the Fair Work Act, and the potential consequences for unions that fail to do so.

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