DECISION

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

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(B2015/1633)

DEPUTY PRESIDENT ASBURY

BRISBANE, 23 NOVEMBER 2015

Proposed protected action ballot of employees of Queensland Rail.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU). The AMWU seeks a protected action ballot order in relation to certain employees of Queensland Rail (the Employer).

[2] On 20 November 2015 my Associate, at my request, wrote to the Employer requesting its view in relation to the application. The Employer has advised that it objects to the proposed orders sought by the CEPU, in the terms sought.

[3] The Employer submits that, pursuant to s.443(5) of the Act, the Commission should exercise the its discretion to extend the period of notice referred to in s.414(2)(a) of the Act to a period of 7 working days. The Employer submits that there are exceptional circumstances that would justify the extension of the notice period.

[4] Subsequent to the Employer raising its objection, the parties agreed that the Commission should deal with the matter on the same basis as a number of similar applications determined by me in 2011. The parties have agreed that should the Commission exercise the discretion pursuant to s.443(5) of the Act, it should do so in terms similar to those used in protected action ballots issued in 2011 involving these parties.

[5] I am satisfied, given the nature of the Employer’s operations, combined with the proposed timing of the industrial action for which authorisation is sought by way of the ballot, that there are exceptional circumstances to justify an extension of the notice period specified in s.414(2)(a) of the Act to 7 days.

[6] The AMWU has filed a Statement of Mr Terry Bradley in support of the application. Mr Bradley is the Assistant State Secretary of the AMWU and is the officer of the AMWU who has responsibility for representing the industrial interests of members of the AMWU employed by the Employer.

[7] On the basis of the information contained in Mr Bradley’s Statement and the application I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR574215] based on the draft provided by the AMWU will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, known as the AMWU, was involved in a dispute with Queensland Rail. The AMWU sought to conduct a protected action ballot among its members, who were employees of Queensland Rail. The dispute came before the Fair Work Commission. The central legal issue was whether the AMWU was entitled to conduct the ballot under the Fair Work Act 2009. Specifically, the Commission had to determine if the proposed industrial action was covered by the Act and if the union had complied with the necessary procedural requirements.

The Fair Work Commission examined the provisions of the Fair Work Act 2009 to ascertain whether the proposed protected action was permissible. It considered whether the AMWU had correctly identified the employees involved and if the ballot was intended to be a genuine preliminary step towards protected action. The Commission also evaluated whether the union had provided the requisite notices and information to the employees as required by the Act. Given these considerations, the Commission concluded that the AMWU had the right to conduct the ballot and had fulfilled the necessary procedural obligations. The decision hinged on the union's adherence to the legislative framework governing industrial action in Australia.

In its decision, the Fair Work Commission held that the AMWU was entitled to conduct the proposed protected action ballot among the employees of Queensland Rail. The Commission found that the union had correctly identified the employees, notified them appropriately, and satisfied the procedural requirements under the Fair Work Act 2009. As a result, the Commission allowed the ballot to proceed. The Commission's decision was grounded in its interpretation of the legislative provisions and the procedural compliance demonstrated by the AMWU. This ruling affirmed the union's right to organise and conduct a ballot for potential industrial action, subject to the Act's requirements.

"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