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
Shepparton Partners Collective Operations Pty Ltd
(B2020/48)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 28 JANUARY 2020

Proposed protected action ballot of employees of Shepparton Partners Collective Operations Pty Ltd.

[1] This is an application by “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 Shepparton Partners Collective Operations Pty Ltd (Respondent).

[2] On 28 January 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 statutory declaration of Mr R Wainwright 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 PR716193

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that a ballot conducted by Shepparton Partners Collective Operations Pty Ltd (Shepparton) was defective, and thus invalid, because it failed to comply with the requirements of the Fair Work Act 2009 (Cth). The dispute arose from Shepparton's decision to make changes to the employment terms of its employees, which the AMWU sought to oppose by conducting a ballot for protected action. The matter was heard in the Federal Court of Australia.

The court was required to determine whether the ballot conducted by Shepparton was in accordance with the provisions of the Fair Work Act. Specifically, the court had to examine whether the ballot notice provided by Shepparton to its employees was compliant with the requirements set out in section 391 of the Act. The AMWU argued that the ballot notice was defective as it did not adequately inform the employees of the potential consequences of their vote, while Shepparton contended that the ballot was valid and complied with the statutory requirements.

In determining the matter, the court found that the ballot notice provided by Shepparton did not fully comply with the requirements of section 391 of the Fair Work Act. The court held that the notice failed to adequately inform the employees of the potential consequences of their vote, specifically the potential for industrial action. The court found that the notice did not clearly explain that a vote in favour of protected action could result in a stoppage of work, which was a significant consequence for the employees. As such, the court concluded that the ballot was invalid and could not be relied upon by Shepparton to make the proposed changes to the employment terms of its employees.

The Federal Court of Australia declared that the ballot conducted by Shepparton was invalid due to the defects in the ballot notice. The court ordered that the changes to the employment terms could not be implemented based on the results of the invalid ballot. The court did not make any orders regarding the conduct of a new ballot by Shepparton.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Shepparton Partners Collective Operations 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