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)
v
Abcorp Australasia Pty Ltd
(B2017/965)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 16 OCTOBER 2017

Proposed protected action ballot of employees of Abcorp Australasia Pty 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) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Abcorp Australasia Pty Ltd (Respondent).

[2] On 16 October 2017 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 declaration of Mr N Grealy 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.

[5] An order has been separately issued in PR596849.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Australian Manufacturing Workers' Union, known as the AMWU, and Abcorp Australasia Pty Ltd. The union sought a declaration that it had the right to conduct a ballot among the employees of Abcorp to determine if they wished to engage in protected industrial action. The dispute centred on the union's ability to conduct this ballot under the Fair Work Act 2009. The case was heard in the Federal Circuit and Family Court of Australia.

The legal issues that the court had to address included whether the proposed ballot was in compliance with the procedural requirements outlined in the Fair Work Act, and whether the union had properly notified Abcorp of the ballot and the potential action. The court was also required to consider whether the ballot was being held for a genuine industrial purpose, as defined by the Act. Additionally, the court needed to determine whether the proposed action was protected action under the Act.

The court found that the AMWU had complied with the procedural requirements set out in the Fair Work Act. It was determined that the union had adequately notified Abcorp of the ballot and the potential action, and that the ballot was being held for a genuine industrial purpose. The court also concluded that the proposed action was protected action under the Act. Therefore, the union was granted the declaration it sought, affirming its right to conduct the ballot among the employees of Abcorp.

As a result of the court's decision, the AMWU was entitled to proceed with the proposed ballot of the employees of Abcorp Australasia Pty Ltd. The court's ruling reinforced the importance of adhering to the procedural requirements for industrial action as outlined in the Fair Work Act. The union's ability to conduct the ballot was upheld, allowing the employees to express their wishes regarding potential industrial action.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Abcorp Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established