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

[2023] FWC 1066

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)
v

Saputo Dairy Australia Pty Ltd

(B2023/409)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 5 MAY 2023

Proposed protected action ballot of employees of Saputo Dairy Australia Pty Ltd

This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Saputo Dairy Australia Pty Ltd (Respondent).

On 5 May 2023, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the declaration of Mr Stephen Fodrocy 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 PR761662
.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) for a protected action ballot order in relation to employees of Saputo Dairy Australia Pty Ltd. The AMWU sought the order under section 437 of the Fair Work Act 2009, aiming to conduct a ballot for potential protected industrial action. Saputo Dairy Australia Pty Ltd did not oppose the application, resulting in the Deputy President deciding to determine the matter based on the submitted documents without a hearing.

The legal issues before the Deputy President involved verifying if the AMWU had genuinely attempted to negotiate with Saputo Dairy Australia Pty Ltd and if the notification period requirements were met, as stipulated in section 443(1) of the Act. The AMWU submitted a declaration from Mr Stephen Fodrocy, outlining their negotiation efforts and the attempt to reach an agreement. The Deputy President reviewed this declaration and other material to determine if the union had fulfilled the necessary legal criteria.

Upon reviewing the evidence, Deputy President Clancy was satisfied that the AMWU had genuinely engaged in negotiations and that the notification period requirements were met. The Deputy President concluded that the AMWU was entitled to proceed with the ballot for potential protected industrial action. Consequently, an order was issued in PR761662, permitting the AMWU to conduct the ballot as requested.

The Fair Work Commission's decision allows the AMWU to proceed with the ballot for potential protected industrial action against Saputo Dairy Australia Pty Ltd, affirming the union's right to pursue this course under the Fair Work Act 2009. This ruling underscores the importance of genuine negotiation efforts and adherence to legal requirements in such industrial disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established