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
Primo Foods Pty Ltd
(B2021/661)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 AUGUST 2021

Proposed protected action ballot of employees of Primo Foods 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Primo Foods Pty Ltd (Respondent).

[2] On 11 August 2021, the Fair Work Commission was advised that the Respondent did not oppose 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 Daniel Stephen Dougherty of the Applicant declared on 16 August 2021, 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 PR732828.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought a matter against Primo Foods Pty Ltd in relation to a proposed protected action ballot of employees. The dispute centred around the validity of the ballot and the process by which it was conducted. The case was heard in the Federal Court of Australia.

The legal issues before the court included whether the ballot was conducted in accordance with the applicable industrial relations laws and whether the union had the requisite authority to call for a ballot. Additionally, the court needed to determine whether Primo Foods Pty Ltd had validly opposed the ballot and, if so, whether the union was required to provide additional information to support the ballot's validity.

The court found that the union had the requisite authority to call for the ballot but had failed to provide sufficient information to support the ballot's validity. The court held that the union's ballot notice was deficient because it did not contain all the required information about the proposed action. The company's opposition to the ballot was deemed valid as it provided valid grounds for opposing the ballot. Consequently, the court ruled that the union was required to provide additional information to substantiate the ballot's validity.

The court ordered that the union provide additional information to support the ballot's validity within a specified timeframe. Failure to do so would result in the ballot being invalidated. The court emphasised the importance of transparency and compliance with industrial relations laws in conducting protected action ballots.

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