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

[2022] FWC 2627

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

Orora Packaging Australia Pty Ltd

(B2022/1451)

VICE PRESIDENT CATANZARITI

SYDNEY, 29 SEPTEMBER 2022

Proposed protected action ballot of employees of Orora Packaging Australia Pty Ltd

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 Orora Packaging Australia Pty Ltd (Respondent).

On 26 September 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Daniel Stephen Dougherty of the Applicant declared on 23 September 2022, 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.

An Order has been separately issued in PR746330.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) has applied to the Fair Work Commission for an order permitting a ballot of employees of Orora Packaging Australia Pty Ltd for protected action under the Fair Work Act 2009. The application was not opposed by Orora, and the Vice President, Catanzariti, decided to determine the matter without a hearing. The AMWU sought the ballot for proposed protected action after failing to reach an agreement with Orora during negotiations. The statutory declaration of Daniel Stephen Dougherty, a representative of the AMWU, was considered by the Vice President to determine the legitimacy of the application.

The legal issues before the court included whether the AMWU had genuinely attempted to reach an agreement with Orora and whether the notification time for the proposed agreement had been met. The Vice President concluded that the AMWU had indeed been genuinely trying to reach an agreement with Orora and that the notification time had been satisfied. The court found that the requirements of section 443(1) of the Fair Work Act had been met, allowing the application for a ballot of employees for protected action to proceed.

In light of the findings, the Fair Work Commission granted the AMWU’s application for a ballot of Orora’s employees for protected action. The decision acknowledges the union’s efforts to reach an agreement with the employer and recognises the procedural requirements of the Fair Work Act. An order was issued separately in PR746330, allowing the AMWU to proceed with the ballot as requested. The Vice President’s decision provides clarity on the application process for protected action ballots and the criteria that must be satisfied to ensure the protection of employees’ rights under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established