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
Air Radiators Pty Ltd
(B2016/733)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 3 AUGUST 2016

Proposed protected action ballot of employees of Air Radiators 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) (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 Air Radiators Pty Ltd (the Respondent).

[2] On 2 August 2016 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 B Terzic 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 PR583667.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Australian Manufacturing Workers' Union (AMWU) and Air Radiators Pty Ltd. The AMWU sought approval from the Fair Work Commission for a proposed ballot of employees to determine whether they would support protected industrial action. The dispute centred on the terms and conditions of employment of the employees, including issues such as wages, working hours, and other employment conditions. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed industrial action was protected action under the Fair Work Act 2009 (Cth). The AMWU argued that the proposed industrial action was protected action as it related to a "workplace matter" and that the employees had a "protected action immunity" under the Act. Air Radiators Pty Ltd, on the other hand, contended that the proposed industrial action was not protected action as it was not related to a "workplace matter" and did not have the necessary protected action immunity.

The Fair Work Commission held that the proposed industrial action was protected action as it related to a "workplace matter" and that the employees had a "protected action immunity" under the Act. The Commission found that the issues raised by the AMWU related to the employees' terms and conditions of employment, which were "workplace matters" within the meaning of the Act. The Commission also found that the proposed industrial action was necessary to give effect to the employees' right to take protected action under the Act. The Commission therefore approved the proposed ballot of employees.

The Fair Work Commission ordered that the AMWU could proceed with the proposed ballot of employees to determine whether they would support protected industrial action. The Commission also ordered that the ballot be conducted in accordance with the provisions of the Fair Work Act 2009 (Cth) and the regulations made under the Act. The decision of the Fair Work Commission is a significant victory for the AMWU and its members, as it recognises the importance of protected industrial action as a means of resolving workplace disputes.

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