[2017] FWC 3746

The attached document replaces the document previously issued with the above code on 18 July 2017.

MNC inserted at top left of Decision.

Casey Sutton

Relief Associate to Deputy President Gostencnik

19 July 2017

[2017] FWC 3746

FAIR WORK COMMISSION

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
Allightsykes Pty Ltd
(B2017/596)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 JULY 2017

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

[2] On 18 July 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 S Murphy 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 PR594606.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought a matter before the Fair Work Commission seeking to conduct a ballot of employees of Allightsykes Pty Ltd to determine if they supported protected action. Allightsykes Pty Ltd opposed the ballot on the basis that it was not eligible to conduct the ballot because it was not a relevant organisation for the purposes of the Fair Work Act 2009 (Cth). The Fair Work Commission was required to determine whether the AMWU was a relevant organisation under the Fair Work Act and, if so, whether the AMWU was entitled to conduct the ballot.

The central issue before the Fair Work Commission was whether the AMWU was a relevant organisation for the purposes of the Fair Work Act. The Fair Work Commission found that the AMWU was a relevant organisation and, therefore, eligible to conduct the ballot. The Fair Work Commission noted that the AMWU was a registered organisation, and it had sufficient connection to the employees of Allightsykes Pty Ltd to conduct the ballot. The Fair Work Commission further found that the AMWU was not an unregistered organisation and, therefore, the provisions of the Fair Work Act that apply to unregistered organisations did not apply. Accordingly, the Fair Work Commission found that the AMWU was entitled to conduct the ballot.

The Fair Work Commission ordered that the AMWU was a relevant organisation for the purposes of the Fair Work Act and, therefore, entitled to conduct the ballot. The Fair Work Commission also ordered that Allightsykes Pty Ltd was to facilitate the AMWU's conduct of the ballot. The Fair Work Commission did not make any orders in relation to the content or conduct of the ballot itself.

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