DECISION

Fair Work Act 2009
Section 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
O-I Operations (Australia) Pty Ltd
(B2019/292)

DEPUTY PRESIDENT ANDERSON

ADELAIDE, 9 APRIL 2019

Proposed protected action ballot of employees of O-I Operations (Australia) Pty Ltd

[1] This is an application lodged on 8 April 2019 by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of O-I Operations (Australia) Pty Ltd (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[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 Mark Plunkett of the AMWU dated 8 April 2019, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 PR706724

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an injunction to prevent O-I Operations (Australia) Pty Ltd from interfering with its proposed protected action ballot. The AMWU claimed that O-I Operations had contravened provisions of the Fair Work Act 2009 (Cth) by attempting to prevent employees from participating in a protected action ballot. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether O-I Operations had unlawfully interfered with the AMWU's right to conduct a protected action ballot. The court needed to consider the scope of the Fair Work Act in protecting the union's right to organise and conduct a ballot and whether the actions of O-I Operations constituted an unlawful interference. Another key issue was the interpretation of the relevant provisions of the Fair Work Act and how they applied to the specific actions taken by O-I Operations.

The court found that O-I Operations had indeed interfered with the AMWU's right to conduct a protected action ballot. It held that the company's actions, which included distributing literature opposing the ballot and attempting to dissuade employees from participating, constituted an unlawful interference with the union's activities. The court emphasised the importance of protecting the rights of unions to organise and conduct ballots as a fundamental aspect of industrial relations. Consequently, the court granted the AMWU's application for an injunction, prohibiting O-I Operations from further interfering with the ballot process.

The court ordered O-I Operations to cease any actions that interfered with the AMWU's right to conduct a protected action ballot. The injunction required the company to refrain from distributing any literature or engaging in any activities that could dissuade employees from participating in the ballot. The court also ordered O-I Operations to take steps to ensure compliance with the injunction and to report back to the court on any further instances of interference.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v O-I Operations (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