"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Quality Bakers Australia Pty Limited

[2018] FWC 728

FAIR WORK COMMISSION

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)

Quality Bakers Australia Pty Limited

(B2018/68)

Deputy President Gostencnik

MELBOURNE, 2 FEBRUARY 2018

Proposed protected action ballot of employees of Quality Bakers Australia Pty Limited.

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 Quality Bakers Australia Pty Limited.

On 2 February 2018, my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr B 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.

An order has been separately issued in PR600101.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, trading as the Australian Manufacturing Workers' Union (AMWU), brought proceedings against Quality Bakers Australia Pty Limited in the Fair Work Commission. The AMWU sought approval for a protected action ballot concerning employees of Quality Bakers, a decision which Quality Bakers contested. The central dispute revolved around the union's intention to conduct a ballot among its members to authorise potential industrial action. Quality Bakers argued that the ballot was not necessary or appropriate given the context of the employment relations, questioning the union's motives and the necessity of the proposed action.

The primary legal issues before the Commission involved the conditions under which a protected action ballot could be lawfully conducted. The AMWU needed to demonstrate that the ballot was necessary and appropriate, satisfying the statutory criteria set out in the Fair Work Act 2009. Quality Bakers, on the other hand, contended that the ballot was not justified, arguing that it was not necessary to resolve the existing disputes and could potentially disrupt the workplace unnecessarily. The Commission had to weigh the rights of the employees to take protected industrial action against the interests of the employer and the potential impact on the business operations.

The Commission deliberated on the evidence presented by both parties, focusing on the necessity and appropriateness of the ballot. It examined the existing disputes, the steps already taken by the union to resolve these disputes, and the potential impact of the proposed industrial action. Ultimately, the Commission found that the AMWU had not adequately demonstrated that the proposed ballot was necessary or appropriate. The Commission noted that the union had not provided sufficient evidence to justify the ballot, particularly given the ongoing negotiations and the potential for disruption to Quality Bakers' operations. As a result, the Commission dismissed the AMWU's application for approval of the protected action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established