"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Turi Foods Pty Ltd

[2024] FWC 1822

FAIR WORK COMMISSION

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

Turi Foods Pty Ltd

(B2024/871)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 11 JULY 2024

Proposed protected action ballot of employees of Turi Foods 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 or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Turi Foods Pty Ltd (Turi or Employer).

On 10 July 2024, the Commission was advised that the Employer, in effect, 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 Chloe Simmons, Industrial Officer, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 22 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR776919.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order in relation to certain employees of Turi Foods Pty Ltd. The AMWU sought to conduct a ballot under section 437 of the Fair Work Act 2009, aiming to facilitate a formal process for employees to express their views on potential protected industrial action. The employer, Turi Foods Pty Ltd, did not object to the application, leading the Deputy President to proceed with the matter on the submitted documents without the need for a hearing.

The primary legal issues before the Commission involved whether the AMWU had genuinely tried to reach an agreement with Turi Foods Pty Ltd and if all statutory requirements for a protected action ballot were fulfilled. The application required a demonstration of the AMWU's efforts in bargaining with the employer, the existence of a notification period for the proposed agreement, and compliance with the relevant provisions of the Fair Work Act. The Commission's assessment was based on the declaration of Chloe Simmons, the Industrial Officer of the AMWU, detailing the union's bargaining efforts and adherence to the Act's requirements.

In deciding the application, Deputy President Wright was satisfied that the AMWU had genuinely attempted to reach an agreement with Turi Foods Pty Ltd and that all conditions stipulated in section 443(1) of the Act were met. Consequently, the Commission granted the AMWU's application for a protected action ballot, specifying that the Australian Electoral Commission would conduct the ballot. The Deputy President set 22 August 2024 as the closing date for voting, which corresponds to 30 working days from the issuance of the order. The decision also triggered a compulsory conciliation conference to be conducted by another member of the Commission, aimed at ensuring meaningful negotiations between the parties. This matter will be reassigned for further proceedings.

The final order authorised the AMWU to proceed with the ballot, with voting to conclude by 22 August 2024. Additionally, a separate order mandated the attendance of all bargaining representatives at the compulsory conciliation conference, with directions to facilitate effective negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established