DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Asia Pacific
(B2019/375)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 MAY 2019

Proposed protected action ballot of employees of Amcor Flexibles (Australia) Pty Ltd t/a Amcor Flexibles Asia Pacific.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Asia Pacific (Respondent).

[2] On 13 May 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 Nathan Jenkins 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 PR708247.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia initiated proceedings against Amcor Flexibles (Australia) Pty Ltd trading as Amcor Flexibles Asia Pacific, concerning a proposed protected action ballot of the employees. The dispute centred around the procedural fairness of the ballot process and whether the union had complied with the relevant industrial laws.

The legal issues before the Commission included whether the union had properly notified the employer of the ballot, whether the ballot notice was sufficiently detailed, and whether the employer had a legitimate concern that the ballot process would result in a contravention of the Fair Work Act. The Commission also had to consider whether the employer's objections to the ballot were reasonable and whether the union's actions were procedurally fair.

The Fair Work Commission found that the union had not provided adequate notification to the employer regarding the proposed ballot, nor had the ballot notice been sufficiently detailed to inform the employer of the specific nature of the proposed action. The Commission concluded that the employer's concerns about potential contraventions of the Fair Work Act were reasonable. Consequently, the Commission determined that the union's actions were not procedurally fair and ordered that the proposed ballot be postponed until the union remedied the procedural shortcomings. The Commission emphasised the importance of clear communication and procedural fairness in protected action ballots to ensure both parties' rights are protected.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Asia Pacific

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established