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)-Victorian Branch
v
Visy Packaging Pty Ltd
(B2019/690)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 AUGUST 2019

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

[2] On 21 August 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 Joshua Gardner 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 PR711555.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Manufacturing Workers' Union (AMWU) - Victorian Branch brought an action against Visy Packaging Pty Ltd in the Fair Work Commission. The union sought authorisation to hold a protected action ballot among the employees of Visy Packaging, which was contested by Visy. The nature of the dispute involved the union's request to conduct a ballot to determine employee support for potential industrial action. The Fair Work Commission was tasked with determining whether the union's proposed ballot was lawful and in compliance with the relevant industrial laws.

The legal issues at hand revolved around the compliance of the proposed ballot with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the ballot notice provided by the union was sufficient and whether the proposed ballot adhered to the procedural and substantive requirements set forth in the Act. Additionally, the court had to consider whether the union's actions were within the scope of its legitimate industrial activities.

The Fair Work Commission examined the procedural requirements for a ballot notice, including whether it contained all the necessary particulars as specified in the Fair Work Act. The court also assessed the substantive aspects of the ballot, such as whether the proposed action was related to a genuine industrial dispute and whether the ballot was being conducted for a lawful purpose. After reviewing the evidence and arguments presented by both parties, the Commission found that the union's proposed ballot was in compliance with the legal requirements. The court authorised the union to proceed with the ballot, ensuring that the employees could express their views on potential industrial action. The decision underscores the importance of adhering to the legal framework governing industrial actions to protect the rights of both employers and employees.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU)-Victorian Branch 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