“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) Summary

[2014] FWC 2161

FAIR WORK COMMISSION

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)
(B2014/59)

COMMISSIONER RYAN

MELBOURNE, 1 APRIL 2014

Proposed protected action ballot by employees of Crown Equipment Pty Ltd.

[1] This is an application for a protected action ballot of members of “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) employed by Crown Equipment Pty Ltd (the employer).

[2] The application was accompanied by a statement by Mr Anthony Hynds of the AMWU which provides information relevant to s.443 of the Act.

[3] Following contact with the employer by my associate, Mr Brian Almeida of the employer emailed my chambers indicating that the employer opposed this application.

[4] This matter was listed for hearing before me on 1 April 2014 at which Mr Barry Terzic represented the AMWU and Mr Brian Almeida represented the employer.

[5] Having heard and considered the submissions made by Mr Terzic and Mr Almeida, and having considered the statement of Mr Anthony Hynds, I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and Crown Equipment Pty Ltd. The union sought to conduct a protected action ballot among its members, who were employees of Crown Equipment, in order to explore potential industrial action. The dispute centred on the terms and conditions of employment, with the union arguing that the employer had breached the relevant industrial instruments.

The legal issues that arose in this case primarily concerned the requirements for a protected action ballot under Australian industrial law. The AMWU argued that it had the right to conduct such a ballot, as the employees were covered by the relevant industrial instruments and the union was duly certified. Crown Equipment, on the other hand, contested the union's right to conduct the ballot, raising questions about the scope of the union's authority and the procedures that needed to be followed. The Commission had to determine whether the union had satisfied the necessary legal criteria to proceed with the ballot, including whether the union was appropriately certified and whether the employees were eligible to participate.

The Fair Work Commission found in favour of the AMWU, concluding that the union was duly certified and that the employees were eligible to participate in the ballot. The Commission noted that the union had provided sufficient evidence to demonstrate that it was appropriately certified, and that the employees were covered by the relevant industrial instruments. The Commission further found that the union had satisfied the procedural requirements for conducting a protected action ballot, including providing the necessary information to the employees and allowing a reasonable period for the ballot to be conducted. As a result, the Commission granted the AMWU's application and authorised the protected action ballot to proceed. This decision underscores the importance of unions ensuring that they are properly certified and that they follow the necessary procedures when seeking to conduct a protected action ballot.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established