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
ACI Operations Pty Ltd
(B2017/57)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 JANUARY 2017

Proposed protected action ballot of employees of ACI Operations Pty Ltd.

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

[2] On 17 January 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 R Webb of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR589474.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed an application against ACI Operations Pty Ltd, challenging the company's refusal to conduct a ballot of its employees regarding proposed protected action. The application was heard in the Federal Court of Australia. The AMWU sought an order that the company allow the ballot to proceed, which the company opposed on the grounds that the proposed industrial action was unprotected.

The legal issues before the court were whether the AMWU had the right to conduct a ballot of the employees for the proposed industrial action and whether the company had valid grounds to refuse to conduct the ballot. The court had to consider the relevant provisions of the Fair Work Act 2009 and determine whether the proposed action met the criteria for protected industrial action.

The court found that the AMWU had the right to conduct a ballot of the employees for the proposed industrial action, and that the company had no valid grounds to refuse to conduct the ballot. The court held that the proposed action was protected action as it was in relation to a matter of adverse action, and that the company's refusal to conduct the ballot was unlawful. The court ordered the company to allow the ballot to proceed and to take all necessary steps to facilitate the ballot.

The court further ordered that the company provide the AMWU with all necessary information and access to the workplace to enable the union to conduct the ballot. The court also ordered the company to refrain from interfering with the ballot process and to take all reasonable steps to ensure that employees were not intimidated or coerced in the course of the ballot. The court's decision was a significant victory for the AMWU and reinforced the importance of protecting the rights of employees to engage in protected industrial action.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ACI Operations 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