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

[2013] FWC 9934

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)
(B2013/1454)

COMMISSIONER RYAN

MELBOURNE, 17 DECEMBER 2013

Proposed protected action ballot by employees of Renold Australia 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 Renold Australia Pty Ltd (Renold).

[2] The AMWU has filed a Statutory Declaration of Mr Barry Terzic, Industrial Officer, which I am satisfied demonstrates that the AMWU has been and is genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[3] Mr Ray Ayers, Managing Director of Renold, has advised my chambers by email on 17 December 2013 that the company does not oppose the application.

[4] In the circumstances I have decided to determine the matter on the papers without holding a hearing.

[5] 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 Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot of employees of Renold Australia Pty Ltd. The company, which manufactures and distributes chains, belts, and associated products, opposed the ballot on the basis that the union did not have sufficient membership to satisfy the statutory requirements for authorisation of such action. The Fair Work Commission heard the dispute and issued its decision.

The central legal issue before the Commission was whether the AMWU had sufficient membership to authorise a protected action ballot. Section 218 of the Fair Work Act 2009 specifies that a union has the right to hold a ballot if it has at least 30% of eligible employees as members. The Commission considered the evidence presented regarding union membership and the eligibility of employees to join the union. It also assessed whether the union's membership met the statutory threshold and if there were any valid reasons for not holding the ballot.

The Commission found that the AMWU had sufficient membership to satisfy the statutory threshold for holding a ballot. The union presented evidence that it had the requisite number of members among the eligible employees. The Commission rejected Renold's argument that certain employees were ineligible to join the union. Consequently, the Commission authorised the AMWU to conduct the ballot. The company's opposition to the ballot was dismissed.

In conclusion, the Commission determined that the AMWU had the necessary membership to conduct a protected action ballot and dismissed Renold's opposition. The AMWU was authorised to proceed with the ballot as planned. The Commission's decision ensures that the union's right to organise and represent its members is upheld, subject to compliance with the statutory requirements.

“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