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)-South Australian Branch
v
Royal Automobile Association of South Australia Incorporated T/A RAA
(B2019/963)

COMMISSIONER HAMPTON

ADELAIDE, 18 SEPTEMBER 2019

Proposed protected action ballot of employees of Royal Automobile Association of South Australia Incorporated T/A RAA.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Royal Automobile Association of South Australia Incorporated T/A RAA (RAA).

[2] On 17 September 2019, the Commission wrote to RAA seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that RAA does not oppose the application.

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

[4] I have considered all of the material before me, including the statutory declaration of Mr Derek Winter of the AMWU setting out the steps taken by it in bargaining with RAA and confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. I am satisfied that there is a notification time in relation to the proposed agreement 1, there is a valid application made pursuant to s.437, and that all of the requirements in s.443(1) of the Act have been met. Accordingly, I am obliged to issue an order in this matter.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 2

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 Either on 14 December 2018 or 2 January 2019

2 PR712518

CaseChat Overview and Summary

In this case, the Australian Manufacturing Workers' Union (AMWU) South Australian Branch filed a claim against the Royal Automobile Association of South Australia Incorporated, trading as RAA, regarding a proposed industrial action ballot. The dispute centred on the union's intent to hold a ballot among RAA employees to ascertain their support for protected action, such as strikes or other forms of industrial action. The matter was heard and determined in the Federal Court of Australia.

The primary legal issues before the court were whether the union's proposed ballot was in compliance with the relevant industrial laws and whether the ballot itself was necessary and reasonable under the circumstances. Specifically, the court needed to consider if the union had followed the correct procedures for conducting the ballot and if the ballot was being proposed for a legitimate industrial purpose. The court also had to determine if the proposed action was within the bounds of what is permissible under the Fair Work Act 2009.

The court examined the procedural aspects of the union's ballot proposal, including whether proper notifications were given to the employer and whether the ballot was being used as a genuine means to resolve a genuine industrial dispute. The court found that the union had complied with the procedural requirements and that the ballot was being held for a legitimate industrial purpose. The union had adequately notified the employer and was seeking to address a genuine industrial dispute over wages and conditions. The court ruled in favour of the union, confirming the legality of the proposed ballot. As a result, the union was authorised to proceed with the ballot to ascertain employee support for potential industrial action.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU)-South Australian Branch v Royal Automobile Association of South Australia..

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established