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 T/A Opal Australian Paper
(B2021/1093)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 16 NOVEMBER 2021

Proposed protected action ballot of employees of Paper Australia Pty Ltd T/A Opal 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 Opal Australian Paper (Respondent).

[2] On 16 November 2021, 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 declaration of Mr Joshua Gardner 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 PR735841.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involves the Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and Paper Australia Pty Ltd, trading as Opal Australian Paper. The union sought to conduct a ballot of its members, employees of Opal Australian Paper, to gauge support for protected industrial action. The company opposed the ballot, leading to the legal dispute being resolved by the court. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issue was whether the union had provided the necessary information to the employees in the ballot, as required by the Fair Work Act 2009. Specifically, the court needed to determine whether the union had adequately informed the employees of the potential consequences of the protected action, including the possibility of lockouts or redundancies. The union argued that it had provided sufficient information, while the company claimed that the information was inadequate and misleading. The court was required to examine the information provided by the union to the employees and determine whether it met the statutory requirements.

The Fair Work Commission found that the union had not provided sufficient information to the employees in the ballot. The commission held that the union's information was misleading and did not adequately inform the employees of the potential consequences of the protected action. The commission also found that the union had not provided the information in a manner that was clear and understandable to the employees. As a result, the commission ruled that the union's proposed ballot was not compliant with the requirements of the Fair Work Act 2009. The commission ordered the union to cease the proposed ballot and to provide further information to the employees.

The Fair Work Commission ordered the Australian Manufacturing Workers' Union to cease the proposed ballot of its members, employees of Opal Australian Paper, and to provide further information to the employees. The commission also ordered the union to take steps to ensure that the employees were adequately informed of the potential consequences of the protected action. The union was required to provide the employees with clear and understandable information that met the statutory requirements of the Fair Work Act 2009. The company, Opal Australian Paper, was not required to take any further action in response to the commission's decision.

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