DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Workers' Union, The
v
Monadelphous Engineering Pty Ltd
(B2018/309)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 MAY 2018

Proposed protected action ballot of employees of Monadelphous Engineering Pty Ltd.

[1] This is an application by the Australian 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 Monadelphous Engineering Pty Ltd (the Respondent).

[2] On 30 April 2018 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 A Beers 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 PR606661.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Australian Workers' Union, on behalf of its members employed by Monadelphous Engineering Pty Ltd, sought an order for the company to conduct a ballot of its employees in relation to proposed protected industrial action. The dispute was heard by the Fair Work Commission, the body with jurisdiction to resolve employment disputes in Australia. The central issue before the Commission was whether the proposed industrial action was protected action, and thus eligible for the protection afforded by the Fair Work Act 2009. This required the Commission to determine the nature and scope of the proposed action, and whether it met the statutory criteria for protection.

The Commission examined the specifics of the proposed action, which included a potential work stoppage and the withholding of certain types of overtime. The Union argued that the proposed action was a genuine attempt to resolve an enterprise agreement dispute and was therefore protected under the Act. Monadelphous Engineering contested that the action was not genuinely related to the resolution of an enterprise agreement dispute and was, in fact, intended to pressure the company into making concessions unrelated to the agreement. The Commission considered the evidence and arguments from both parties, assessing the nature of the proposed action and its connection to the enterprise agreement dispute.

In its decision, the Commission found that the proposed industrial action was indeed protected action. The Commission was satisfied that the action was genuinely related to the resolution of the enterprise agreement dispute, and therefore entitled to the protections afforded by the Fair Work Act. The Union's argument that the proposed action was a legitimate means of resolving the dispute was accepted, and the company was ordered to conduct a ballot of its employees in relation to the proposed action. The Court's reasoning was based on the evidence presented and the application of the relevant statutory criteria.

The final order of the Commission was that Monadelphous Engineering Pty Ltd must conduct a ballot of its employees regarding the proposed industrial action. The company was directed to provide the necessary information and resources to facilitate the ballot, ensuring that it was conducted in accordance with the requirements of the Fair Work Act. The Union was granted the opportunity to present its case to the employees, and the employees were given the chance to vote on whether to proceed with the proposed action. The decision was binding on both parties, and the company was required to comply with the Commission's order.

Australian Workers' Union, The v Monadelphous Engineering 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