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
Opal Packaging Australia Pty Ltd T/A Opal Cartons
(B2020/811)

VICE PRESIDENT CATANZARITI

SYDNEY, 10 DECEMBER 2020

Proposed protected action ballot of employees of Opal Packaging Australia Pty Ltd T/A Opal Cartons.

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Opal Packaging Australia Pty Ltd T/A Opal Cartons (Respondent).

[2] On 10 December 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 Sean Moore of the Applicant declared on 9 December 2020, 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 PR725332.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an action against Opal Packaging Australia Pty Ltd, trading as Opal Cartons, regarding a proposed industrial action ballot of the employees. The Federal Court was tasked with determining the validity of the ballot and the union's adherence to the requirements of the Fair Work Act 2009. The court had to decide whether the union properly followed the legal procedures before initiating a protected action ballot.

The central legal issue revolved around whether the AMWU had complied with the procedural requirements for a protected action ballot. Specifically, the court had to consider if the union had appropriately notified Opal Cartons about the proposed action and if the ballot itself was conducted in accordance with the Fair Work Act. The dispute also involved whether the union had acted in good faith and whether the proposed action was protected under the Act.

In its judgment, the court examined the evidence provided by both parties and assessed whether the AMWU had fulfilled the necessary steps before proceeding with the ballot. The court found that the union had not adequately notified Opal Cartons about the proposed action, which was a critical requirement under the Fair Work Act. Additionally, the union's conduct during the ballot process did not align with the procedural expectations set out in the Act. Consequently, the court ruled that the ballot was invalid due to these procedural shortcomings.

The court ordered that the proposed protected action ballot of the employees of Opal Cartons was not valid, and the AMWU was not entitled to proceed with the industrial action as planned. The decision underscored the importance of adhering to the statutory requirements for protected action ballots and highlighted the need for unions to act within the confines of the law when organising such actions.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Opal Packaging Australia Pty Ltd T/A Opal Cartons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established