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 T/A VIP Packaging
(B2016/1189)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 11 NOVEMBER 2016

Proposed protected action ballot by employees of VIP Plastic Packaging Pty Ltd T/A VIP Packaging.

[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 T/A VIP Packaging (the Respondent).

[2] On 11 November 2016 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 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 PR587450.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, representing employees of VIP Plastic Packaging Pty Ltd, sought a protected action ballot. This application arose from a dispute over the conduct of a ballot, which the company claimed was flawed due to alleged procedural irregularities. The case was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the union's proposed ballot complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the ballot notice was defective, and if any procedural irregularities rendered the ballot invalid. The company argued that the ballot notice was inadequate as it failed to provide sufficient information about the proposed protected action and its implications.

The Commission found that the ballot notice was not defective and did not contain any procedural irregularities that would invalidate the ballot. The notice provided sufficient information to enable the employees to make an informed decision. Consequently, the application for a protected action ballot was approved. The Commission emphasised the importance of ensuring that ballot notices are clear and comprehensive, but in this instance, the notice met the necessary standards.

The Fair Work Commission granted the AMWU's application for a protected action ballot. The company's objections were dismissed, and the employees were allowed to vote on the proposed industrial action. The decision underscored the necessity for ballot notices to be clear and informative, but in this case, the notice was deemed adequate.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v VIP Plastic Packaging Pty Ltd T/A VIP Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established