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
SPC Ardmona Operations Ltd
(B2015/1140)

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 10 SEPTEMBER 2015

Proposed protected action ballot of employees of SPC Ardmona Operations 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) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of SPC Ardmona Operations Ltd (the Respondent).

[2] The AMWU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately five occasions in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 9 September 2015 I was advised by Mr Tim Morton, Human Resources Manager – GV, that the Respondent will not oppose the application. In doing so, the Respondent did not challenge that the AMWU had been and was genuinely trying to reach agreement in respect of either site.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR571771] is based on the draft order provided by the AMWU and will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that a proposed protected action ballot of employees of SPC Ardmona Operations Ltd was lawful and binding. SPC Ardmona Operations Ltd, in turn, sought a declaration that the ballot was unlawful. The dispute was heard in the Federal Court of Australia. The crux of the matter was whether the ballot, which was to be held to decide on potential protected action, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the ballot notice provided to employees was adequate and if the ballot process was conducted in accordance with the statutory requirements.

The court examined the provisions of the Fair Work Act 2009 to determine whether the ballot notice complied with the mandatory requirements. The AMWU argued that the notice was sufficient, while SPC Ardmona Operations Ltd contended that the notice failed to provide adequate details, thereby rendering the ballot unlawful. The court found that the notice did not fully comply with the legislative requirements, particularly in relation to the provision of information about the proposed protected action. The court concluded that the notice was inadequate because it did not specify the exact nature of the proposed protected action, which was a necessary component under the Fair Work Act.

As a result of the court's determination, the proposed ballot was found to be unlawful. The court did not need to address other arguments presented by the parties regarding the potential consequences of the ballot. The court issued a declaration that the proposed protected action ballot was unlawful and did not bind the parties or the employees involved.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v SPC Ardmona Operations Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established