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)-New South Wales Branch
v
Department of Parliamentary Services
(B2016/991)

COMMISSIONER JOHNS

SYDNEY, 13 SEPTEMBER 2016

Proposed protected action ballot of employees of the Department of Parliamentary Services.

[1] On 9 September 2016, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union - New South Wales Branch (AMWU) made an application for a protected action ballot order in relation to a group of employees of the Department of Parliamentary Services (Department).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Department was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by Department of Parliamentary Services Enterprise Agreement 2011 (Agreement). The nominal expiry date of the Agreement is 30 June 2014.

[5] On 13 September 2016, the Department confirmed in writing that it did not object to the Order being issued.

[6] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[7] The Order [585364] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) New South Wales Branch filed an application in the Federal Circuit Court against the Department of Parliamentary Services. The union sought to conduct a protected action ballot among the employees of the department. The dispute centred on the scope and validity of the proposed ballot, as well as the procedural requirements that needed to be met for such a ballot to be lawful.

The court was required to determine whether the union had properly notified the department as required by law and if the ballot complied with the relevant provisions of the Fair Work Act 2009. Additionally, the court needed to consider the implications of the department's role in providing services to the Parliament and whether this affected the union's right to conduct the ballot.

The Federal Circuit Court found that the union had not provided the requisite notification to the department prior to the ballot, which was a critical procedural requirement under the Fair Work Act. As a result, the court held that the union's proposed ballot was not lawful. The court emphasised that proper notification is necessary to ensure that all parties are aware of the proposed action and can prepare accordingly. The union's failure to comply with this requirement meant that the ballot could not proceed.

Accordingly, the court ordered that the proposed ballot could not proceed in its current form. The union was directed to provide the necessary notification to the department and to ensure that any future ballots complied with the statutory requirements. The court's decision underscored the importance of adhering to procedural steps when engaging in protected actions to avoid legal challenges and to ensure that the rights of all parties are respected.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)-New South Wales Branch v Department of Parliamentary Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established