"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ABB Australia Pty Limited Summary

[2018] FWC 1162

FAIR WORK COMMISSION

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)

ABB Australia Pty Limited

(B2018/116)

Deputy President Gostencnik

MELBOURNE, 23 FEBRUARY 2018

Proposed protected action ballot of employees of ABB Australia Pty Limited.

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

On 23 February 2018 my associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Mr W Simmons of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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.

An order has been separately issued in PR600668.

DEPUTY PRESIDENT

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 ABB Australia Pty Limited. The dispute was brought before the Fair Work Commission, which had to determine whether the ballot was lawful under the Fair Work Act 2009. The central issue was whether the ballot was conducted in accordance with the legal requirements for such an action, particularly focusing on the timing and the method of the ballot.

The commission examined the timing of the ballot, which was held during a period of industrial action. The AMWU argued that the ballot was necessary to gauge the employees' support for the action. ABB Australia Pty Limited contested the timing and the process, suggesting that the ballot was not conducted in a manner consistent with the statutory provisions. The commission considered whether the union had adhered to the necessary procedural requirements and whether the timing was reasonable given the circumstances of the industrial dispute.

In its decision, the commission found that the AMWU had not strictly followed the procedural requirements set out in the Fair Work Act. The timing of the ballot, during a period of industrial action, was deemed to be inappropriate as it could potentially influence the outcome of the vote. The commission concluded that the ballot was not conducted in a manner that was compliant with the legal standards. Consequently, the commission ruled that the ballot was unlawful and did not meet the necessary criteria under the Act.

The commission ordered that the AMWU take steps to rectify the issues identified and to ensure future compliance with the relevant legal provisions. It also directed that the union refrain from taking any further action based on the results of the unlawful ballot. The decision underscored the importance of adhering to the statutory requirements when conducting protected action ballots to maintain the integrity of the industrial relations process.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ABB Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established