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
Nu-mega Ingredients Pty Limited
(B2020/79)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 12 FEBRUARY 2020

Proposed protected action ballot of employees of Nu-mega Ingredients Pty Limited.

[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 Nu-Mega Ingredients Pty Limited (Respondent).

[2] On 12 February 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 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 PR716690.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) initiated proceedings against Nu-mega Ingredients Pty Limited, challenging the company's decision to implement a restructure that included the proposed redundancy of certain employees. The Federal Court was tasked with determining whether the union's proposed ballot for protected industrial action was lawful and whether the employer had acted appropriately in the context of the proposed restructuring.

The central legal issues revolved around the scope and nature of the proposed industrial action and whether the union's ballot complied with the necessary legal requirements. The court had to assess if the proposed action was protected and if the employer had engaged in any unlawful conduct in relation to the restructuring. Additionally, the court needed to examine the union's right to organise and conduct a ballot for protected action under the relevant industrial laws.

The Federal Court found that the union's proposed ballot was lawful, and the employer had not acted improperly in the context of the proposed restructuring. The court determined that the AMWU had followed the necessary procedures to organise the ballot and that the proposed action was protected. The employer's restructuring was deemed to be a legitimate business decision, and the court did not find any evidence of bad faith or unlawful conduct on the part of Nu-mega Ingredients Pty Limited. Consequently, the court upheld the union's right to proceed with the ballot, affirming the legitimacy of the proposed industrial action.

The final orders of the court recognised the union's right to organise and conduct the ballot for protected action, subject to the compliance with the relevant industrial laws. The employer was also directed to engage in good faith negotiations with the union regarding the proposed restructuring and the impact on the employees. The court's decision underscored the importance of lawful industrial action and the necessity for employers to act within the bounds of the law when implementing restructuring measures.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Nu-mega Ingredients Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established