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
(B2020/261)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 11 MAY 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 10 May 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 declaration of Mr Barry 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 PR719271.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot among the employees of Paper Australia Pty Ltd, a company engaged in the manufacture of paper products. The union aimed to initiate this ballot as part of its collective bargaining efforts with the employer, seeking to negotiate improved terms and conditions for its members. Paper Australia Pty Ltd opposed the ballot, arguing that it was not a fit and proper entity to conduct the ballot under the Fair Work Act 2009 (Cth). The dispute was brought before the Fair Work Commission.

The central legal issue before the Commission was whether Paper Australia Pty Ltd could be considered a fit and proper entity to conduct the ballot of its employees, as required by section 304 of the Fair Work Act. The company argued that it was not an appropriate entity due to its limited employee base and the nature of its operations, which it claimed did not meet the statutory requirements. The AMWU contended that the company's objections were unfounded and that it was fully qualified to conduct the ballot.

The Commission examined the statutory provisions and found that the definition of a fit and proper entity does not impose stringent criteria that would exclude the company from this role. The Commission held that the company, as the employer, had the necessary authority and capacity to facilitate the ballot. Consequently, the Commission dismissed the company's objection, affirming that Paper Australia Pty Ltd was a fit and proper entity to conduct the ballot. The AMWU was therefore authorised to proceed with the ballot as planned.

The Fair Work Commission ruled that Paper Australia Pty Ltd was a fit and proper entity to conduct the proposed protected action ballot among its employees, dismissing the company's objections. The union was granted permission to proceed with the ballot, upholding the statutory requirements for collective bargaining under the Fair Work Act.

“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