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
VIP Plastic Packaging Pty Ltd
(B2015/1152)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 SEPTEMBER 2015

Proposed protected action ballot of employees of VIP Plastic Packaging Pty Ltd.

[1] This is an application by “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 VIP Plastic Packaging Pty Ltd (the Respondent).

[2] On 21 September 2015 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 B Terzic of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[5] An order has been issued separately in PR572125.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), acting on behalf of its members, brought proceedings against VIP Plastic Packaging Pty Ltd, seeking to resolve a dispute over a proposed protected action ballot of the employees. The Fair Work Commission was the court that heard the matter. The crux of the dispute lay in the AMWU's request to conduct a ballot of the employees to ascertain their support for protected action, such as strikes or bans on overtime. VIP Plastic Packaging Pty Ltd contested the ballot on various grounds, arguing that it was not necessary and that it would cause significant harm to the business.

The legal issues before the Commission were whether the AMWU had a valid reason to call for the ballot, if the ballot was necessary to achieve a fair negotiation process, and if the potential harm to VIP Plastic Packaging Pty Ltd outweighed the employees' right to take protected action. The AMWU argued that the ballot was essential to determine the strength of support for potential industrial action, while VIP Plastic Packaging Pty Ltd contended that the ballot was not necessary and would cause significant disruption and financial harm to the company.

The Commission considered the evidence presented by both parties and the relevant provisions of the Fair Work Act 2009. It concluded that the AMWU had a valid reason to call for the ballot, as it was necessary to ascertain the employees' support for protected action and to facilitate fair negotiations. The Commission found that the potential harm to VIP Plastic Packaging Pty Ltd did not outweigh the employees' right to take protected action. Therefore, the Commission ordered VIP Plastic Packaging Pty Ltd to facilitate the ballot as requested by the AMWU.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v VIP Plastic Packaging 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