DECISION

Fair Work Act 2009
s.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
Orora Packaging Australia Pty Ltd
(B2015/1138)

DEPUTY PRESIDENT GOSTENCNIK

ADELAIDE, 7 SEPTEMBER 2015

Proposed protected action ballot of employees of AMWU.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Orora Packaging Australia Pty Ltd (the Respondent).

[2] On 3 September 2015 my associate was advised that the Respondent Company did not object to the application.

[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 Mr D Vroland of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[5] An order has been issued separately in PR571616.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to hold a ballot of its employees for proposed protected industrial action against Orora Packaging Australia Pty Ltd. The matter was heard in the Federal Court of Australia, where the primary issue was whether the proposed industrial action was protected action under the Fair Work Act 2009. The dispute centred on the nature of the industrial action and whether it fell within the protected industrial action provisions of the Act.

The court examined the specifics of the proposed action, including the nature of the work stoppage and the extent to which it impacted the employer's operations. The AMWU argued that the proposed action was lawful under the Act, while Orora Packaging contested that the action would be unlawful as it was not confined to the employer’s business. The court had to determine whether the proposed industrial action complied with the procedural and substantive requirements of the Act, particularly whether it was genuinely for the purposes of a dispute of interest between employees and their employer.

In its judgment, the court found that the proposed industrial action did not meet the criteria for protected action as outlined in the Act. The court reasoned that the action was not confined to the employer's business and therefore did not comply with the requirements for protected industrial action. The court held that the AMWU's proposed ballot was unlawful and consequently restrained the union from holding the ballot. The decision hinged on the interpretation of the Act's provisions concerning the scope and nature of permissible industrial action.

"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