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
Agilent Technologies (M) Pty Ltd
(B2018/427)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 JUNE 2018

Proposed protected action ballot of employees of Agilent Technologies (M) 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 Agilent Technologies (M) Pty Ltd (Respondent).

[2] On 31 May 2018 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 PR607657.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Australian Manufacturing Workers' Union and Agilent Technologies (M) Pty Ltd was heard before the Fair Work Commission. The union sought to conduct a ballot of its members, employees of Agilent, regarding protected action, namely industrial action short of a strike. Agilent challenged the union's right to conduct the ballot, arguing that the union did not have sufficient authorisation from its members. The central issue before the Commission was whether the union had met the legal requirements for conducting a protected action ballot under the Fair Work Act 2009. Specifically, the court needed to determine if the union had obtained the necessary majority support from its members to proceed with the ballot.

The Fair Work Commission examined the union's procedures and evidence provided to determine if the ballot authorisation was valid. It assessed the form and content of the authorisation, as well as the procedures followed in obtaining the authorisation from the members. The Commission found that the union had followed the correct process and obtained the requisite majority support from its members, thereby satisfying the legal requirements for conducting a ballot. The union's evidence was deemed sufficient to demonstrate that the necessary authorisation had been obtained.

As a result of the findings, the Fair Work Commission upheld the union's right to conduct the ballot. The Commission concluded that the union had complied with the statutory requirements for a protected action ballot and was entitled to proceed. The court's decision reinforced the importance of clear and robust procedures in obtaining member authorisation for protected actions. The union's right to conduct the ballot was affirmed, allowing the process to move forward in accordance with the legal framework.

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