“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Turosi Pty Ltd T/A Golden Farms Geelong

The Australian Manufacturing Workers' Union (AMWU) brought proceedings against Turosi Pty Ltd T/A Golden Farms Geelong, seeking an extension of the notice period for a proposed protected action ballot of employees. The matter was heard in the Fair Work Commission (FWC). The AMWU sought to extend the required notice period for a ballot concerning employee claims from the statutory minimum of seven days to a period of 28 days. The union argued that the additional time was necessary to properly inform and consult employees and to facilitate the collection of necessary information to conduct the ballot effectively.

The primary legal issue before the FWC was whether the statutory minimum notice period for a ballot concerning employee claims could be extended beyond the statutory minimum of seven days. The AMWU relied on provisions of the Fair Work Act 2009, which allow for extensions in certain circumstances, and argued that the additional time was necessary to ensure that the ballot was conducted in a fair and effective manner. Turosi Pty Ltd opposed the application, arguing that the statutory minimum notice period was sufficient and that an extension was not warranted.

The FWC considered the arguments presented by both parties and examined the relevant statutory provisions. The Commission found that while the statutory minimum notice period of seven days was designed to protect the rights of employees and employers, there were circumstances in which an extension may be justified. In this case, the FWC found that the AMWU had demonstrated that an extension was necessary to properly inform and consult employees and to facilitate the collection of necessary information to conduct the ballot effectively. The FWC accordingly granted the AMWU's application for an extension of the notice period to 28 days.

The FWC's decision provides guidance to unions and employers on the circumstances in which an extension of the notice period for a ballot concerning employee claims may be granted. The decision reinforces the importance of proper consultation and communication between unions and employers in the context of protected action and the need to balance the rights of employees and employers in this process. The AMWU was granted an extension of the notice period for the proposed protected action ballot of employees of Turosi Pty Ltd T/A Golden Farms Geelong to 28 days.