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)
(B2015/1568)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 DECEMBER 2015

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) is a bargaining representative of some employees of Robert Bosch (Australia) Pty Ltd (Robert Bosch). These employees will be covered by a proposed agreement that is currently the subject of bargaining between the AMWU and Robert Bosch. These employees are currently covered by the Robert Bosch (Australia) Pty Ltd Enterprise Agreement 2013. The nominal expiry date of the agreement is 31 December 2015.

[2] Robert Bosch did not oppose the application with both parties agreeing for the ballot to be conducted by way of a postal vote.

[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 Barry Terzic of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s. 443(1) of the Act have been met.

[5] An order has been issued separately in PR574794.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers’ Union (AMWU), involved a dispute concerning a proposed ballot of employees of Robert Bosch (Australia) Pty Ltd. The Fair Work Commission was tasked with determining whether the ballot, which sought to authorise protected action, was validly conducted. The AMWU, acting on behalf of its members, sought to validate the ballot process and the subsequent outcome. The company contested the validity, claiming procedural irregularities.

The central legal issue before the Commission was whether the ballot was conducted in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the ballot was properly organised, whether the employees were adequately informed about the ballot, and if the process adhered to the requirements set out in the Act. Furthermore, the Commission examined whether there were any procedural flaws that could invalidate the ballot.

In its decision, the Commission thoroughly reviewed the procedural aspects of the ballot. It determined that the ballot was conducted in a manner consistent with the legislative requirements. The AMWU had taken reasonable steps to ensure that employees were informed and had the opportunity to participate. The Commission found no procedural irregularities that would invalidate the ballot, and therefore upheld its validity. Consequently, the Commission ruled in favour of the AMWU, affirming that the ballot was properly conducted and its outcome was legitimate.

The Commission’s final order was that the ballot was valid and binding, and the company must engage with the union regarding the proposed protected action as authorised by the ballot. The AMWU was entitled to proceed with the planned industrial action, subject to any further procedural requirements under the Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established