“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Specialty Packaging Group Pty Ltd

[2022] FWC 2828

FAIR WORK COMMISSION

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

Specialty Packaging Group Pty Ltd

(B2022/1584)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 21 OCTOBER 2022

Proposed protected action ballot of employees of Specialty Packaging Group Pty Ltd

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 an employer it named as Specialty Packaging Group Pty Ltd (Respondent).

On 20 October 2022, my Associate was advised that apart from requesting that any order naming it described it as Specialty Packaging Group Pty Ltd trading as Opal Specialty Packaging, 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 Andrew Bonello 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 PR747066.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), for a protected action ballot order concerning certain employees of Specialty Packaging Group Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. Specialty Packaging Group Pty Ltd, referred to as the Opal Specialty Packaging in its trading capacity, did not object to the application except for a request that any order should identify it correctly. The Deputy President, Clancy, decided to determine the matter on the papers without holding a hearing.

The legal issue before the court was whether the requirements for a protected action ballot were met, including verifying that the union had genuinely tried to reach an agreement with the employer. The court reviewed the declaration by Mr. Andrew Bonello of the AMWU, which detailed the union's bargaining efforts and its continuous attempt to reach an agreement with the employer. The court had to determine if the union had followed the necessary steps and if the statutory conditions under section 443(1) of the Act were fulfilled.

The Deputy President, Clancy, concluded that the union had genuinely attempted to reach an agreement and that the notification time for the proposed agreement was appropriate. The court was satisfied with the evidence presented and the union's efforts to comply with the legal requirements. Therefore, the court issued an order allowing the protected action ballot to proceed. The order was issued separately and is identified as PR747066.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established