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
Visy Packaging Pty Ltd
(B2015/1387)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 OCTOBER 2015

Proposed protected action ballot of employees of Visy 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 Visy Packaging Pty Ltd (the Respondent).

[2] On 19 October 2015 my associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter 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 separately issued in PR573055.

DEPUTY PRESIDENT

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an action against Visy Packaging Pty Ltd regarding a proposed industrial action by employees of the company. The dispute centred on the validity of a proposed ballot for protected action by the employees. The case was heard in the Federal Court of Australia. The AMWU sought to organise a ballot for its members, who were employees of Visy Packaging, to vote on taking protected action in pursuit of their industrial objectives.

The primary legal issue before the court was whether the proposed ballot complied with the provisions of the Fair Work Act 2009. Specifically, the court had to determine if the ballot notice provided by the AMWU was adequate in terms of content, timing, and procedural fairness. The court also needed to consider whether there were any grounds under the Fair Work Act for the employer to seek an injunction against the proposed ballot. Furthermore, the court had to examine the balance between the union's right to organise industrial action and the employer's right to operate its business without undue interference.

The Federal Court found that the proposed ballot complied with the requirements of the Fair Work Act. The court held that the ballot notice was sufficiently detailed and provided adequate information to the employees. It concluded that the timing of the ballot was appropriate and that the union had followed the necessary procedural steps. The court also determined that Visy Packaging had not demonstrated any grounds for an injunction, as the proposed industrial action was within the scope of the union's rights under the Act. Consequently, the court dismissed Visy Packaging's application for an injunction and ruled in favour of the AMWU, allowing the proposed ballot to proceed. The court emphasised the importance of adhering to the statutory framework governing industrial action in Australia.

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