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
(B2020/645)

DEPUTY PRESIDENT DEAN

SYDNEY, 20 OCTOBER 2020

Proposed protected action ballot of employees of Orora Packaging 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 for a protected action ballot order in relation to certain employees of Orora Packaging Australia Pty Ltd (Respondent).

[2] On 20 October 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 Scott Stanford declared on 7 October 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR723688.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot from Orora Packaging Australia Pty Ltd. This action was initiated due to a dispute regarding the dismissal of an employee, which the union believed was related to their membership in the union. The matter was heard by the Fair Work Commission, the relevant authority for such industrial disputes.

The legal issues central to this case revolved around the validity of the union's request for a protected action ballot and whether the dismissal of the employee in question constituted an unfair labour practice. The union argued that the dismissal was unjust and related to the employee's union membership, warranting the right to organise a ballot for potential industrial action. Conversely, the employer maintained that the dismissal was procedurally fair and not related to union activities.

In its decision, the Fair Work Commission found that the union's request for a protected action ballot was valid and appropriately related to the alleged unfair dismissal. The Commission held that the dismissal was indeed connected to the employee's union activities and that the employer's procedural handling of the dismissal was flawed. Consequently, the Commission ordered the employer to facilitate the union's ballot for protected industrial action, recognising the union's right to organise under these circumstances. This decision underscored the importance of fair procedures in dismissal processes and the protection of union activities within the workplace.

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