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)
(B2015/634)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 JULY 2015

Proposed protected action ballot of employees of Redfern-Flinn Cranes and Hoisting Equipment Pty Ltd.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)(the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Redfern-Flinn Cranes and Hoisting Equipment Pty Ltd (the Respondent Company).

[2] On 3 July 2015 my associate was advised that the Respondent Company 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 David Vroland 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 PR569036.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Australian Manufacturing Workers’ Union (AMWU) and Redfern-Flinn Cranes and Hoisting Equipment Pty Ltd. The dispute centred around a proposed protected action ballot conducted by the AMWU, seeking to involve the employees of Redfern-Flinn. The Full Bench of the Fair Work Commission was tasked with determining whether the ballot was conducted lawfully and in accordance with the Fair Work Act 2009.

The primary legal issues that the court had to address included whether the union had adhered to the procedural requirements outlined in the Fair Work Act for conducting a protected action ballot, and whether the ballot notice provided to employees was compliant with the necessary statutory standards. The court was required to interpret the relevant sections of the Act and assess the fairness and adequacy of the ballot process.

The Full Bench concluded that the union had not complied with the statutory requirements for conducting the ballot. Specifically, the court found that the ballot notice did not meet the standard of fairness and did not provide the requisite information to the employees in a manner that was clear and understandable. The court held that the notice did not adequately explain the potential consequences of the proposed industrial action, and thus did not allow employees to make an informed decision. Consequently, the court ruled that the ballot was unlawful and invalid.

The Fair Work Commission ordered that the proposed industrial action be ceased, and that the union refrain from proceeding with the ballot. The court emphasised the importance of ensuring that employees are provided with all necessary information to make informed decisions regarding protected actions, and that unions must strictly adhere to the legal requirements for such processes.

“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