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
Superior Pak Pty Ltd
(B2019/321)

VICE PRESIDENT CATANZARITI

SYDNEY, 18 APRIL 2019

Proposed protected action ballot of employees of Superior Pak Pty Ltd who work at the Bundaberg facility.

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Superior Pak Pty Ltd (Respondent).

[2] On 18 April 2019, the Fair Work Commission was advised that the Respondent did not oppose 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 Joshua John Blundell-Thornton of the Applicant declared on 17 April 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR707250.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) versus Superior Pak Pty Ltd involved a dispute over a proposed industrial action ballot by employees of Superior Pak Pty Ltd working at their Bundaberg facility. The AMWU sought to conduct a ballot among employees to gauge their support for potential industrial action. Superior Pak Pty Ltd contested the ballot, leading to a legal challenge in the Fair Work Commission. The court was tasked with determining the legality and appropriateness of the proposed ballot under the Fair Work Act 2009.

The central legal issue before the court was whether the AMWU's proposed protected action ballot complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the ballot was properly conducted and if the AMWU had followed the necessary procedural steps to ensure the ballot was lawful. Additionally, the court examined whether the proposed action was genuinely related to workplace negotiations and if it adhered to the provisions regarding protected industrial action.

The court found that the AMWU had not complied with the necessary procedural requirements for conducting a lawful ballot. The union had not provided the required information to employees about the ballot, which included details about the proposed industrial action and the implications of the ballot. The court held that without these disclosures, the employees could not make an informed decision, thus rendering the ballot unlawful. Consequently, the court ruled that the proposed ballot was invalid, and the AMWU was not permitted to proceed with it. The court's decision underscored the importance of adhering to statutory requirements when conducting industrial action ballots.

As a result of the court's findings, the AMWU was prohibited from proceeding with the proposed ballot. The court issued an order that the AMWU must not conduct the ballot unless and until it complied with all the statutory requirements for a lawful ballot. This decision highlighted the necessity for unions to ensure that all procedural steps are meticulously followed to maintain the validity of any proposed industrial action.

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