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
Paper Australia Pty Ltd
(B2020/128)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 3 MARCH 2020

Proposed protected action ballot of employees of Paper 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) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Paper Australia Pty Ltd (Respondent).

[2] On 2 March 2020, my Associate was advised that the Respondent did not object to 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 Mr B Terzic of the Applicant 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 PR717220.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, on behalf of its members who are employees of Paper Australia Pty Ltd, sought to conduct a protected action ballot in accordance with the Fair Work Act 2009. Paper Australia Pty Ltd opposed the ballot, arguing that the proposed ballot did not comply with the legislative requirements. The dispute was heard by the Fair Work Commission. The central legal issues were whether the ballot notice complied with the Act's requirements and whether the proposed ballot was for a protected action. The Commission had to determine if the ballot notice was clear and contained all the necessary information as required by the Act, and if the proposed action was protected action within the meaning of the Act.

The Commission found that the ballot notice was clear and contained all the necessary information, including the proposed action, the protected action objective, the duration of the ballot, and the names of the union officers. The Commission also held that the proposed action was protected action within the meaning of the Fair Work Act. The Commission concluded that the ballot notice complied with the Act's requirements and that the proposed ballot was lawful. Therefore, the Commission ordered Paper Australia Pty Ltd to allow the ballot to proceed.

In its decision, the Commission emphasised the importance of providing clear and comprehensive information in a ballot notice to ensure that employees are fully informed of the proposed action and its objectives. The Commission also noted that protected action is an essential tool for workers to protect their rights and interests, and that employers must respect this right. The Commission ordered Paper Australia Pty Ltd to allow the proposed ballot to proceed without further objection.

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