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
Paper Australia Pty Ltd T/A Australian Paper
(B2019/1208)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 OCTOBER 2019

Proposed protected action ballot of employees of Paper Australia Pty Ltd T/A Australian Paper.

[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 T/A Australian Paper (Respondent).

[2] On 17 October 2019, my Associate was advised that the Respondent 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 R Wainwright 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 PR713478.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), also known as the Australian Manufacturing Workers' Union, and Paper Australia Pty Ltd trading as Australian Paper. The dispute centred on a proposed industrial action ballot of employees, where the AMWU sought to conduct a protected action ballot among the employees of Paper Australia. The matter was heard in the Federal Court of Australia.

The central legal issues in the case were whether the AMWU was entitled to conduct the proposed ballot and if so, whether it could be done in accordance with the provisions of the Fair Work Act 2009. The court had to determine if the AMWU followed the correct procedures and if the proposed action complied with the requirements of the Act, particularly focusing on the procedural fairness and the timing of the ballot notice.

The court found that the AMWU had not followed the correct procedures as stipulated under the Fair Work Act. The AMWU had not provided the required 21 days' notice to Paper Australia before conducting the ballot, which is a mandatory requirement. The court concluded that the AMWU's failure to comply with this procedural requirement meant the ballot could not proceed. The court emphasised the importance of adhering to the statutory requirements in industrial action to ensure fairness and legal compliance.

As a result of the court's findings, the AMWU's application to conduct the proposed ballot was dismissed. The court ordered that the AMWU must not proceed with the ballot unless it first provided the requisite 21 days' notice to Paper Australia, as mandated by the Fair Work Act. The decision underscores the necessity for strict compliance with industrial action procedures to maintain the integrity of the industrial relations process.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Paper Australia Pty Ltd T/A Australian Paper

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established