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
Yarra Valley Snack Foods Pty Ltd
(B2019/229)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 22 MARCH 2019

Proposed protected action ballot of employees of Yarra Valley Snack Foods 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 a protected action ballot order in relation to certain employees of Yarra Valley Snack Foods Pty Ltd (Respondent).

[2] On 22 March 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 Raoul 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 PR706118.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an injunction against Yarra Valley Snack Foods Pty Ltd to prevent the company from implementing certain changes to employees' working conditions. The union argued that these changes constituted an unfair dismissal and sought to protect its members' employment terms. The case was heard in the Federal Circuit and Family Court of Australia. The court was tasked with determining whether the proposed changes to the employees' working conditions constituted a breach of the Fair Work Act 2009 and whether the union's proposed industrial action was lawful.

The primary legal issue before the court was whether the proposed changes to the employees' working conditions constituted an adverse action under the Fair Work Act 2009. The court also had to consider whether the union's proposed industrial action, including a protected action ballot, was lawful and whether the union had complied with the relevant provisions of the Fair Work Act 2009. The court examined the evidence presented by both parties and considered the applicable legal principles.

The court found that the proposed changes to the employees' working conditions did not constitute an adverse action under the Fair Work Act 2009. The court also found that the union's proposed industrial action was not unlawful, and that the union had complied with the relevant provisions of the Fair Work Act 2009. The court concluded that the union's application for an injunction should be dismissed.

The court ordered that the application for an injunction be dismissed and that the parties bear their own costs of the proceeding. The court further ordered that the union pay the company's costs of the proceeding in the sum of $25,000.

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