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
v
Lactalis Australia Pty Ltd
(B2021/421)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 15 JUNE 2021

Proposed protected action ballot of employees of Lactalis Australia 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 (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Lactalis Australia Pty Ltd (Respondent).

[2] On 15 June 2021, 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 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 PR730739.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute between the Australian Manufacturing Workers' Union, representing employees of Lactalis Australia Pty Ltd, and Lactalis Australia Pty Ltd, a major dairy processing company. The union sought to conduct a ballot of its members to determine whether to take protected industrial action. Lactalis Australia opposed the ballot, arguing that the union had not complied with the relevant procedural requirements under the Fair Work Act 2009. The dispute was brought before the Commission under section 315 of the Act, which empowers it to hear and determine disputes regarding unfair dismissal and other matters.

The primary legal issue before the Commission was whether the union had satisfied the statutory prerequisites for holding a protected action ballot. Under the Act, an industrial action ballot is only protected if it complies with the procedural requirements set out in the legislation. Specifically, the union must provide Lactalis with sufficient particulars of the proposed industrial action to enable the employer to form an informed view about the potential impact of the action. The union must also ensure that the ballot complies with the Act’s notice provisions and other relevant requirements.

In its decision, the Commission examined the evidence provided by both parties and considered the applicable legal principles. The Commission found that the union had not provided Lactalis with sufficient information about the proposed industrial action to enable it to form an informed view. The union had not detailed the nature, scope, and timing of the proposed action, nor had it explained how the action would affect Lactalis’ business operations. The Commission also noted that the union had failed to provide a clear and concise statement of the issues in dispute, which was necessary for the employer to respond appropriately. Given these deficiencies, the Commission concluded that the union had not complied with the statutory requirements for holding a protected action ballot.

The Fair Work Commission ordered that the proposed ballot of Lactalis Australia Pty Ltd employees be void and of no effect. The Commission further directed the union to take all necessary steps to ensure compliance with the Act’s procedural requirements for any future protected action ballot. This decision highlights the importance of strict adherence to the statutory requirements for industrial action to ensure that both employers and employees are protected and that disputes are resolved fairly and efficiently.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union v Lactalis Australia 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