"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Anglo Coal (Dawson Services) Pty Ltd Summary

[2013] FWC 9531

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
Anglo Coal (Dawson Services) Pty Ltd
(B2013/1541)

SENIOR DEPUTY PRESIDENT HARRISON

SYDNEY, 6 DECEMBER 2013

Proposed protected action ballot by employees of Anglo Coal (Dawson Services) Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The AMWU seeks a protected action ballot order in relation to certain employees of Anglo Coal (Dawson Services) Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. I have received, and rely upon a witness statement of Mr Philip Golby, an AMWU organiser, providing information about matters relevant to s.443 of the Act.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR545311] based on the draft order provided by the AMWU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), on behalf of its members employed by Anglo Coal (Dawson Services) Pty Ltd, sought to conduct a protected action ballot to facilitate industrial action. The employer, Anglo Coal, contested the ballot, asserting that the ballot was not genuinely in pursuit of a genuine industrial dispute. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the AMWU's proposed ballot constituted a genuine step in pursuit of a real industrial dispute. The Commission examined the necessity of the ballot and the existence of a bona fide dispute, considering the parties' submissions and the broader context of the industrial action. The Commission found that the AMWU's ballot was indeed a genuine step towards resolving an actual industrial dispute. It concluded that the AMWU's members were dissatisfied with the employer's handling of a particular issue, and the ballot was a reasonable means to address this dissatisfaction. The Commission's decision affirmed the validity of the ballot, allowing the AMWU to proceed with the proposed industrial action. The orders of the Commission were that the AMWU could conduct the ballot as planned, subject to compliance with relevant industrial laws.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Anglo Coal (Dawson Services) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established