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)
(B2015/602)

DEPUTY PRESIDENT ASBURY

BRISBANE, 17 JUNE 2015

Proposed protected action ballot of employees of FNQ Sugar Services Pty Ltd.

[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 seeks a protected action ballot order in relation to certain employees of FNQ Sugar Services Pty Ltd (the Employer).

[2] On 16 June 2015 my Associate, at my request, wrote to the Employer requesting their view in relation to the application. That correspondence advised the Employer as follows:

“If no response is received, the Deputy President will consider that the [Employer] does not wish to be heard and will consider the applications on the basis of the materials filed in the Commission, which may result in the Order being issued in the terms sought.”

[3] No response has been received from the Employer. Consistent with my correspondence I have decided to determine the matter on the basis of the material filed as I am satisfied it is not necessary to hold a hearing.

[4] The AMWU has filed a Statement of Mr Scott Martin in support of the application. Mr Martin is the Organiser who has responsibility for representing the industrial interests of members of the AMWU employed by the Employer at the South Johnstone Mill.

[5] On the basis of the information contained in Mr Martin 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 [PR568409] 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 (AMWU) initiated proceedings in the Fair Work Commission against FNQ Sugar Services Pty Ltd, concerning a proposed protected action ballot of its employees. The AMWU sought an order for the employer to facilitate a ballot of its employees on a proposed industrial action. The employer contested the application, arguing that the ballot should not proceed as it was not in accordance with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the AMWU had complied with the legislative requirements in organising a protected action ballot. The employer asserted that the AMWU had failed to provide the requisite 28 days' notice for the ballot, which is a statutory requirement under section 379 of the Fair Work Act. The AMWU countered that the employer had been adequately notified and that the employer's contention was without merit.

The Commission found that the AMWU had indeed provided the requisite notice for the proposed ballot, satisfying the statutory requirements. The Commission held that the employer's objections were unfounded and that the AMWU's application should be upheld. Consequently, the employer was ordered to facilitate the ballot of its employees regarding the proposed industrial action.

"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