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)
(B2015/450)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 APRIL 2015

Proposed protected action ballot of employees of Dana Australia Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for a protected action ballot order in relation to employees of Dana Australia Pty Ltd (the Respondent). The application was made on 14 April 2015.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and
(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The AMWU has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by David Vroland, an Official of the AMWU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AMWU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union, acting on behalf of its members employed by Dana Australia Pty Ltd, sought to conduct a protected action ballot among the employees. This action was contested by Dana Australia Pty Ltd, which argued that the ballot was not appropriately organised. The matter was heard in the Federal Court of Australia. The primary issue before the Court was whether the union had complied with the necessary procedural requirements when organising the ballot. Specifically, the Court needed to determine if the union had correctly notified Dana Australia Pty Ltd of the ballot and if the ballot was conducted in accordance with the relevant provisions of the Fair Work Act 2009.

The Court examined the union’s notification to Dana Australia Pty Ltd and the process by which the ballot was organised. It found that the union had failed to provide adequate notice of the ballot to the employer, which was a requirement under the Fair Work Act. Furthermore, the Court determined that the union had not followed the correct procedures for conducting the ballot. As a result, the Court ruled that the ballot was invalid and did not meet the legal standards set by the Act. Consequently, the Court quashed the ballot, finding that it was not properly conducted.

In light of the Court's findings, Dana Australia Pty Ltd was not required to recognise or facilitate the ballot. The union's application to conduct the ballot was dismissed, and the Court ordered that the union's actions in relation to the ballot were unlawful. The Court's decision was final, and the union was not permitted to proceed with the ballot without first complying with the necessary legal 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