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
Alpine MDF Industries Pty Ltd
(B2016/738)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 5 AUGUST 2016

Proposed protected action ballot of employees of Alpine MDF Industries 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 Alpine MDF Industries Pty Ltd (the Respondent).

[2] On 5 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 PR583835.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought proceedings against Alpine MDF Industries Pty Ltd in the Fair Work Commission, seeking authorisation for a protected action ballot. The AMWU aimed to conduct a ballot among the employees of Alpine MDF Industries Pty Ltd to determine their support for potential protected action, such as a strike or a lockout. The dispute centred on the union's right to conduct the ballot and the company's contention that the ballot was not necessary or appropriate under the Fair Work Act 2009.

The legal issues before the Commission included whether the AMWU had provided sufficient information to justify the ballot, whether the proposed action was related to a workplace matter, and whether the ballot was necessary to resolve an existing dispute. Additionally, the Commission needed to determine if the proposed ballot complied with the procedural requirements of the Fair Work Act, including notice and opportunity to be heard provisions.

The Fair Work Commission found that the AMWU had provided sufficient information to justify the need for a ballot. The Commission noted that the employees were concerned about changes to their employment conditions and the potential impact on their job security. The Commission determined that the proposed action was related to a workplace matter and that the ballot was necessary to enable the employees to express their views on the proposed changes. The Commission also found that the AMWU had complied with the procedural requirements of the Fair Work Act, including providing notice to Alpine MDF Industries Pty Ltd and allowing the company an opportunity to be heard.

The Fair Work Commission authorised the AMWU to conduct the ballot among the employees of Alpine MDF Industries Pty Ltd. The Commission issued orders directing the AMWU to provide further information to the employees and to ensure that the ballot was conducted in a fair and transparent manner. The Commission also directed the parties to engage in further discussions with a view to resolving the underlying dispute.

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