DECISION

Fair Work Act 2009
s.437 - Applications for a protected action ballot orders

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Airborn Installations Pty Limited
(B2015/620)

Citiwide Installations Pty Ltd
(B2015/621)

Croydon Site Installations Pty Ltd
(B2015/622)

Fredon Air Pty Limited
(B2015/623)

Thermal Mechanical Suppliers Pty Ltd
(B2015/624)

Sublime Air Group Pty Ltd
(B2015/625)

Triple M Mechanical Services Pty Limited
(B2015/626)

COMMISSIONER RYAN

MELBOURNE, 2 JULY 2015

Proposed protected action ballot of employees of Airborn Installations Pty Limited; Citiwide Installations Pty Ltd; Croydon Site Installations Pty Limited; Fredon Air Pty Limited; Thermal Mechanical Suppliers Pty Ltd; Sublime Air Group Pty Ltd and Triple M Mechanical Services Pty Limited.

[1] Further to the decision in Transcript on 2 July 2015, I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Orders must be made.

[2] I will issue the Orders based on the draft orders provided by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

COMMISSIONER

Appearances:

L Saunders for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

P Verberne for Airborn Installations Pty Limited; Citiwide Installations Pty Ltd; Croydon Site Installations Pty Limited; Fredon Air Pty Limited; Thermal Mechanical Suppliers Pty Ltd; Sublime Air Group Pty Ltd and Triple M Mechanical Services Pty Limited.

Hearing details:

2015.

Melbourne and Sydney via video:

July 2.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute before the Fair Work Commission (FWC) involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), and Airborn Installations Pty Limited, along with several other associated entities. The AMWU sought authorisation to conduct a ballot of its members employed by Airborn Installations and several related companies to determine whether they would support protected industrial action. The associated companies included Citiwide Installations Pty Ltd, Croydon Site Installations Pty Limited, Fredon Air Pty Limited, Thermal Mechanical Suppliers Pty Ltd, Sublime Air Group Pty Ltd, and Triple M Mechanical Services Pty Limited. The crux of the matter was whether the AMWU had satisfied the prerequisites under the Fair Work Act 2009 for conducting such a ballot.

The legal issues primarily revolved around whether the AMWU had complied with the legislative requirements for a protected action ballot. This included verifying that the union had genuinely ascertained that there were genuine industrial reasons for the proposed action, as well as ensuring that the ballot complied with the procedural mandates of the Act. Specifically, the AMWU had to demonstrate that the proposed action was in response to a genuine dispute, and that the ballot was conducted in accordance with the provisions of the Act. The AMWU argued that it had valid reasons for the proposed action, including disputes over wages and other employment conditions.

The FWC, in its decision, found that the AMWU had satisfied the necessary criteria for conducting a ballot. The Commission held that the union had indeed identified a genuine dispute, and the proposed action was in response to legitimate industrial reasons. The union's procedural compliance with the Act was also deemed adequate. Consequently, the FWC authorised the AMWU to proceed with the ballot. The decision underscored the importance of unions demonstrating both the substantive and procedural legitimacy of their proposed industrial action.

In summary, the Fair Work Commission authorised the Australian Manufacturing Workers' Union to conduct a ballot among its members employed by Airborn Installations and associated companies. The decision highlighted the necessity for unions to substantiate their claims of genuine industrial reasons and to adhere to the procedural requirements set forth in the Fair Work Act 2009. The Commission's authorisation paves the way for the AMWU to proceed with the ballot, subject to the terms and conditions outlined in the decision.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Airborn Installations Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established