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) and National Union of Workers
v
Iveco Trucks Australia Ltd
(B2018/424)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 31 MAY 2018

Proposed protected action ballot of employees of Iveco Trucks Australia Ltd.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and National Union of Workers (Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Iveco Trucks Australia Ltd (Respondent).

[2] On 31 May 2018 my associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declarations of Mr V Pepi and Ms J Wells of the Applicants setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR607637.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), known as the Australian Manufacturing Workers' Union, and the National Union of Workers, collectively referred to as the appellants, and Iveco Trucks Australia Ltd, the respondent. The dispute arose from a proposed industrial action ballot by the employees of Iveco Trucks Australia Ltd, which the company sought to prevent. The matter was heard in the Fair Work Commission, an industrial relations tribunal in Australia. The unions sought to conduct a ballot among the employees to gauge their support for potential protected action, a common precursor to strike action in Australian industrial relations. Iveco Trucks Australia Ltd opposed the ballot, leading to the legal proceedings.

The central legal issues before the Commission were whether the unions had provided sufficient information to Iveco Trucks Australia Ltd to enable the company to prepare a response, and whether the unions had complied with statutory requirements for a protected action ballot. Specifically, the Commission had to determine whether the unions had adequately described the proposed action and the reasons for it, as mandated by the Fair Work Act 2009. Additionally, the court examined whether the unions' communication to the employees was in the correct form and whether the ballot was to be held in a manner that complied with the legislative provisions.

In its decision, the Fair Work Commission found that the unions had not provided sufficient information to Iveco Trucks Australia Ltd, nor had they complied with the statutory requirements for a protected action ballot. The Commission held that the unions' communication to the employees was inadequate and did not meet the legislative standards. Consequently, the Commission ruled that the unions could not proceed with the ballot as it was not in accordance with the Fair Work Act 2009. The Commission's decision was grounded in the need for clarity and transparency in communications between unions and employers during the ballot process to ensure that all parties are well-informed and can respond appropriately.

The Fair Work Commission ordered that the unions' proposed ballot be halted. This decision underscores the importance of compliance with legislative requirements in industrial relations processes, ensuring that all parties are afforded the opportunity to engage in meaningful dialogue. The Commission's ruling emphasised the need for unions to provide comprehensive and clear information to employers when initiating a protected action ballot.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and National Union of Workers v Iveco Trucks Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established