DECISION

Fair Work Act 2009
s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Visy Paper Pty Ltd and Visy Board Pty Ltd
(B2020/519)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 9 SEPTEMBER 2020

Proposed protected action ballot of employees of Visy Paper Pty Ltd and Visy Board Pty Ltd.

[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 protected action ballot orders in relation to certain employees of Visy Paper Pty Ltd and Visy Board Pty Ltd (Respondent).

[2] On 9 September 2020, my Associate was advised that the Respondents 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 declaration of Mr J Gardner of the Applicant setting out the steps taken by it in bargaining with the Respondents and that it has been, and is, genuinely trying to reach agreement with the Respondents, 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] Orders have been separately issued in PR722657 and PR722658.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Australia case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), the union sought to conduct a protected action ballot of employees of Visy Paper Pty Ltd and Visy Board Pty Ltd. The dispute arose due to the unions' request to ballot employees to take industrial action, which the companies opposed, arguing that the ballot notice did not comply with the Fair Work Act 2009 (Cth). The matter was heard before Commissioner Barnes.

The central legal issues the court had to decide were whether the ballot notice provided by the union met the statutory requirements for a protected action ballot. Specifically, the court had to determine if the notice contained all the information prescribed by section 362-5 of the Fair Work Act, and if it was otherwise sufficient to inform the employees adequately about the proposed industrial action. The companies argued that the notice was deficient in several respects, including its failure to specify the exact period over which the proposed industrial action would occur, and whether the action would involve a complete cessation of work or a partial stoppage.

The court examined the statutory provisions and the notice in question. It found that the notice did not specify the exact period over which the proposed industrial action would occur, which was a requirement under the Act. Additionally, the notice did not clearly state whether the action would involve a complete cessation of work or a partial stoppage. The court concluded that these deficiencies meant the notice did not comply with the statutory requirements and was therefore insufficient. Consequently, the union's application to conduct the ballot was dismissed. The court's decision was based on the strict compliance with statutory provisions necessary for the protection of employees' rights and the orderly conduct of industrial relations processes.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Visy Paper Pty Ltd and Visy Board 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