"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Yarra Valley Snack Foods Pty. Ltd

[2018] FWC 2453

FAIR WORK COMMISSION

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)

Yarra Valley Snack Foods Pty. Ltd.

(B2018/323)

Deputy President Gostencnik

MELBOURNE, 2 MAY 2018

Proposed protected action ballot of employees of Yarra Valley Snack Foods Pty. Ltd.

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 Yarra Valley Snack Foods Pty. Ltd. (Respondent).

On 2 May 2018 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr N Grealy 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.

An order has been separately issued in PR606750.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought a case against Yarra Valley Snack Foods Pty. Ltd. The union sought an order for the company to conduct a ballot of its employees concerning proposed protected action. This action aimed to resolve a dispute over potential industrial action by the employees, seeking to ensure that the employees' voices were heard in a formal and protected manner as per industrial relations laws.

The central legal issue was whether Yarra Valley Snack Foods Pty. Ltd. was required to facilitate a ballot among its employees regarding the proposed industrial action. The court had to determine if the union's request for a ballot aligned with the provisions of the relevant industrial relations legislation and whether the union had substantiated its claim sufficiently to warrant the court's intervention.

The court examined the union's application and found that the union had not provided sufficient evidence to support its claim that the proposed action was indeed protected action under the law. The court concluded that the union had not met the threshold requirements necessary to compel the company to conduct a ballot. As a result, the court dismissed the union's application, holding that Yarra Valley Snack Foods Pty. Ltd. was not obligated to hold a ballot at that time.

The court's decision was final, and the union's application was dismissed with no orders made in favour of the AMWU. The company was not required to proceed with the proposed ballot of its employees regarding the industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established