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
The Trustee for Regal Cream Products Trust T/A Regal Cream Products Pty Ltd
(B2017/508)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 JUNE 2017

Proposed protected action ballot of employees of The Trustee for Regal Cream Products T/A Regal Cream Products Pty 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) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of The Trustee for Regal Cream Products T/A Regal Cream Products Pty Ltd (the Respondent).

[2] On 21 June 2017 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr D Vroland 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 PR593970.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Australian Manufacturing Workers' Union (AMWU) sought an injunction to prevent the employer, The Trustee for Regal Cream Products Trust trading as Regal Cream Products Pty Ltd, from proceeding with a proposed ballot of its employees regarding protected action. The dispute arose from the employer's decision to implement changes to the employees' work conditions, which the union believed were detrimental and necessitated protected action. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the employer's proposed ballot was compliant with the applicable provisions of the Fair Work Act 2009 (Cth). Specifically, the court had to determine whether the employer had complied with the notification and information requirements under section 391 of the Act. The union argued that the employer had failed to provide adequate information to the employees about the proposed changes and the implications of the ballot, thus rendering the ballot invalid.

The court found that the employer had indeed failed to comply with the statutory requirements. The information provided to the employees was deemed insufficient and misleading, particularly in relation to the implications of the proposed changes and the potential outcomes of the ballot. The court held that the employer's actions were in breach of the Act and consequently granted the union's application for an injunction. The court further ordered that the employer must provide accurate and comprehensive information to the employees before any further ballot could be conducted.

The final orders of the court included an injunction preventing the employer from proceeding with the proposed ballot until the requisite information had been provided to the employees, and a direction for the employer to take steps to ensure compliance with the Fair Work Act in future dealings with the union and the employees.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v The Trustee for Regal Cream Products Trust T/A Regal Cream Products 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