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
Pinnacle Bakery & Integrated Ingredients Pty Ltd
(B2017/123)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 6 FEBRUARY 2017

Proposed protected action ballot of employees of Pinnacle Bakery & Integrated Ingredients 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) (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 Pinnacle Bakery & Integrated Ingredients Pty Ltd (the Respondent).

[2] On 3 February 2017 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 L White 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 PR590056.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) lodged an application in the Fair Work Commission seeking authorisation to hold a protected action ballot among employees of Pinnacle Bakery & Integrated Ingredients Pty Ltd. The application was made under section 318 of the Fair Work Act 2009. The dispute arose from an industrial dispute concerning the proposed termination of employees by Pinnacle Bakery & Integrated Ingredients Pty Ltd. The Commission, presided over by Deputy President R J Macfarlan, was tasked with determining whether the proposed industrial action was protected action and if the application met the criteria for authorisation.

The primary legal issue before the Commission was whether the proposed industrial action constituted protected action under the Fair Work Act. Additionally, the Commission had to consider whether the AMWU had provided sufficient information in its application to satisfy the requirements for authorisation of the proposed industrial action. The Court had to assess the nature of the proposed industrial action, the union's application, and whether the action was in response to an industrial dispute.

The Commission found that the proposed industrial action was protected action as it was in relation to an industrial dispute. The AMWU's application satisfied the statutory requirements for authorisation, as it contained sufficient information for the Commission to assess the application and the proposed industrial action. The Commission noted that the employees were being subjected to the adverse economic action of termination of employment and that the proposed industrial action was a response to this adverse action. The Commission authorised the AMWU to hold a protected action ballot among the employees of Pinnacle Bakery & Integrated Ingredients Pty Ltd.

The Commission ordered that the AMWU could proceed with the protected action ballot among the employees of Pinnacle Bakery & Integrated Ingredients Pty Ltd. The Commission further directed that the AMWU must provide the employer with a copy of the ballot paper, the instructions for the conduct of the ballot, and a return envelope addressed to the AMWU. The employer was also directed to provide the AMWU with access to the workplace to distribute the ballot papers and collect the completed ballots. The Commission's decision provided clarity on the legal requirements for protected action ballots and reinforced the importance of providing sufficient information in union applications to the Fair Work Commission.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Pinnacle Bakery & Integrated Ingredients 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