Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWC 350

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)

Robert Bosch (Australia) Pty Ltd

(B2016/3)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 18 JANUARY 2016

Proposed protected action ballot of employees of Robert Bosch (Australia) Pty Ltd.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) applied for a protected

1

action ballot order.

The AMWU sought an order that employees of Robert Bosch (Australia)

Pty Ltd who are members of the AMWU and who would be subject to the proposed enterprise

agreement be balloted to see if they supported the taking of protected industrial action.

[2] On 13 January 2016, the matter was set down for hearing. It was not disputed that:
2

(1) The AMWU is a bargaining representative for employees.
(2) The application specifies the group of employees to be balloted and the questions
3

to be put to the employees.
(3) A copy of the application was given to the employer and the AEC within 24 hours
4

of the making of the application.
5

(4) The nominal expiry date of the agreement has passed.

[3]

Mr David Vroland, an AMWU Union Official, filed a statutory declaration.

He did

not attend the hearing.
[2016] FWC 350

[4] Robert Bosch opposed the application because it submitted that the Fair Work

Commission could not be satisfied that the AMWU is genuinely trying to reach an agreement

with Robert Bosch.

[5] At the hearing, the matter was adjourned, by consent, to 19 January 2016.
[6] On 18 January 2016, Robert Bosch wrote to the Commission and advised it withdrew

its opposition to the application.

[7] I am satisfied that the AMWU has satisfied the statutory prerequisites for a protected

action ballot order and I am satisfied that the AMWU is genuinely trying to reach an

agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

See s.437 of the Fair Work Act 2009

Ibid s.437(1)

Ibid s.437(3)

s.440

s.438(1)

Exhibit A1

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a protected action ballot order to determine if the employees of Robert Bosch (Australia) Pty Ltd, who are AMWU members and subject to a proposed enterprise agreement, would support taking protected industrial action. The matter was initially set for hearing on 13 January 2016, with Robert Bosch opposing the application, asserting that the AMWU was not genuinely attempting to reach an agreement. However, on 18 January 2016, Robert Bosch withdrew its opposition. The Deputy President, Gooley, concluded that the AMWU had met the statutory requirements for a protected action ballot order and that the union was genuinely trying to reach an agreement.

The central legal issue before the court was whether the AMWU had satisfied the statutory prerequisites for a protected action ballot order and if it was genuinely trying to reach an agreement with Robert Bosch. This required the court to consider the AMWU's application, Robert Bosch's opposition, and the subsequent withdrawal of opposition. The court had to determine if the AMWU had properly notified the relevant parties, specified the group of employees to be balloted, and if the union was acting in good faith to reach an agreement. The decision hinged on the interpretation of the Fair Work Act 2009 and the evidence presented regarding the AMWU's efforts to negotiate with Robert Bosch.

Deputy President Gooley found that the AMWU had indeed satisfied the statutory prerequisites for the protected action ballot order. The application had been properly filed, the employees to be balloted were clearly specified, and the employer and Australian Electoral Commission were notified within the required timeframe. Furthermore, the Deputy President was satisfied that the AMWU was genuinely trying to reach an agreement with Robert Bosch, particularly given the employer's withdrawal of opposition. The court's decision was based on the statutory requirements and the evidence presented, including the AMWU's efforts to negotiate and the employer's eventual withdrawal of opposition.

In light of the findings, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The employees of Robert Bosch (Australia) Pty Ltd who are members of the AMWU and subject to the proposed enterprise agreement were to be balloted to ascertain their support for the proposed industrial action. The order was made on the basis that the AMWU had met the statutory prerequisites and was genuinely trying to reach an agreement with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established