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)
(B2015/77)

COMMISSIONER RIORDAN

SYDNEY, 14 MAY 2015

Proposed protected action ballot of employees of Transfield Services (Australia) Pty Limited.

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

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the AMWU filed a statement dated 29 April 2015, made by Mr Bradley Hattenfels, Organiser for the AMWU.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the AMWU, that the AMWU has been, and continues to be, genuinely trying to reach an agreement with the Employer.

[5] An order [PR567368] based on the draft order provided by the AMWU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Australian Manufacturing Workers' Union (AMWU) and Transfield Services (Australia) Pty Limited, with the dispute centred around a proposed protected action ballot of Transfield's employees. The Fair Work Commission heard the matter, tasked with determining the legality and appropriateness of the ballot. The primary legal issues before the Commission were whether the AMWU had correctly followed the procedural requirements under the Fair Work Act 2009 for organising a protected action ballot and whether the ballot itself was reasonably necessary and appropriate given the circumstances.

The Commission examined the procedural steps taken by the AMWU to ensure compliance with the Fair Work Act's requirements for a protected action ballot. This included verifying that the union had correctly identified the relevant employees, provided them with necessary information, and allowed a reasonable period for the ballot to be conducted. Additionally, the Commission assessed the necessity and appropriateness of the proposed action, considering factors such as the nature of the dispute, the potential impact on both parties, and whether alternative dispute resolution methods had been explored. After thorough consideration, the Commission found that the AMWU had adhered to the required procedures and that the proposed ballot was reasonably necessary and appropriate.

In its decision, the Fair Work Commission upheld the AMWU's right to proceed with the proposed ballot. The Commission determined that the union had correctly followed the procedural steps mandated by the Fair Work Act, and the proposed action was justified under the circumstances. The Commission's decision affirmed the importance of allowing employees to take protected actions as a means of resolving workplace disputes, provided that the necessary legal procedures are followed. The final orders confirmed the AMWU's authority to conduct the ballot as proposed, subject to compliance with any further directions or conditions specified by the Commission.

"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