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 Steel Packaging Pty Ltd T/A VIP Steel Packaging
(B2019/1213)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 OCTOBER 2019

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

[1] This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of VIP Steel Packaging Pty Ltd T/A VIP Steel Packaging (Respondent).

[2] On 18 October 2019, 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 R Wainwright 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 PR713509.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot among employees of VIP Steel Packaging Pty Ltd, trading as VIP Steel Packaging. The union aimed to gather support for potential industrial action, which VIP Steel opposed, leading to a dispute in the Fair Work Commission. The primary issue before the Commission was whether the union had complied with the procedural requirements set out in the Fair Work Act 2009 for conducting a protected action ballot. VIP Steel argued that the union had failed to provide adequate notice and information to the employees, thereby invalidating the ballot process.

The Commission considered the union's obligation to ensure that employees were fully informed about the nature of the proposed industrial action and the implications of voting in the ballot. VIP Steel contended that the union had not adequately described the proposed action and its potential effects, thus violating the procedural fairness required by the Act. The Commission assessed the sufficiency of the information provided by the union in light of these obligations and whether the employees had a reasonable opportunity to understand and respond to the ballot's content. Ultimately, the Commission found that the union had met the statutory requirements, and the ballot was valid.

In reaching its decision, the Commission emphasised the importance of clarity and transparency in the information provided to employees regarding proposed industrial action. The union's communication was deemed to have met the necessary standards, ensuring employees were adequately informed. As a result, the Commission upheld the validity of the protected action ballot. The final orders confirmed the legality of the union's ballot process and allowed the AMWU to proceed with the industrial action as planned, subject to further legal considerations and processes.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established