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

[2014] FWC 5644

FAIR WORK COMMISSION

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
(B2014/1042)

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 18 AUGUST 2014

Proposed protected action ballot by 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) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Mondelez Australia Pty Ltd (the Respondent).

[2] The AMWU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately twenty occasions since 11 March 2014 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 18 August 2014 I was advised by Ms Deb Seeber, HR Business Partner, that the Respondent will not oppose the ballot. In doing so, the Respondent did not challenge that the AMWU had been and was genuinely trying to reach agreement in respect of either site.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR554406] is based on the draft order provided by the AMWU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Australian Manufacturing Workers' Union (AMWU) v Mondelez Australia Pty Ltd was heard in the Fair Work Commission. The AMWU sought a protected action ballot for its members employed by Mondelez Australia, a confectionery and food manufacturing company. The union aimed to facilitate a potential industrial action due to ongoing disputes regarding wages and conditions. Mondelez Australia opposed the ballot, arguing that the union's proposed action did not meet the legal prerequisites for protected action under the Fair Work Act 2009 (Cth).

The central legal issue before the Commission was whether the AMWU had satisfied the statutory criteria for a protected action ballot. These criteria include the requirement that the proposed industrial action must be in relation to an existing industrial dispute and that the action must be protected action within the meaning of the Fair Work Act. The Commission also needed to consider the procedural fairness in the union's handling of the ballot process. Furthermore, the court had to determine whether the proposed industrial action was likely to cause significant economic harm to the employer, which could render the action unprotected.

The Commission found that the AMWU had not satisfied the statutory requirements for a protected action ballot. It was determined that the proposed industrial action did not relate to an existing industrial dispute as defined by the Fair Work Act. The Commission also found procedural deficiencies in the union's handling of the ballot process, which did not comply with the Act's requirements. Additionally, the Commission concluded that the proposed industrial action was likely to cause significant economic harm to Mondelez Australia, thus rendering the action unprotected. As a result, the AMWU's application for a protected action ballot was dismissed.

The Fair Work Commission ordered that the AMWU's application for a protected action ballot be dismissed and that the union bear the costs of the proceedings. The Commission further directed that the AMWU take steps to ensure compliance with the Fair Work Act in future ballot processes. This decision underscores the importance of adhering to the legal requirements for protected industrial action and the need for unions to ensure their processes meet the statutory criteria to avoid potential legal challenges.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established