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
Regal Cream Products Pty Ltd
(B2020/538)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 17 SEPTEMBER 2020

Proposed protected action ballot of employees of Regal Cream Products 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 Regal Cream Products Pty Ltd (Respondent).

[2] On 16 September 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 J 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 PR722870.

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 of employees of Regal Cream Products Pty Ltd. The company opposed the ballot, claiming it was not necessary due to ongoing negotiations and the ballot would unfairly prejudice its business operations. The dispute was heard in the Fair Work Commission.

The central legal issue was whether the AMWU's proposed protected action ballot was necessary and whether it would unfairly prejudice Regal Cream Products Pty Ltd's operations. The Commission needed to determine if the ballot was required under the Fair Work Act and if it would cause undue harm to the company.

The Fair Work Commission held that the AMWU's proposed protected action ballot was necessary as it aimed to determine employee support for potential industrial action. The Commission found that ongoing negotiations did not preclude the need for a ballot, as the employees' interests in taking protected action were not being adequately represented. Regarding the potential prejudice to Regal Cream Products Pty Ltd, the Commission found that while the ballot might cause some disruption, it was not enough to warrant refusal of the ballot. The Commission concluded that the benefits of the ballot in ensuring employee representation outweighed any potential prejudice to the company.

The Fair Work Commission approved the AMWU's proposed protected action ballot, allowing the union to proceed with the ballot of employees of Regal Cream Products Pty Ltd. The Commission's decision highlighted the importance of employee representation and the need for a ballot in determining employee support for potential industrial action.

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