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
Applus RTD Pty Ltd
(B2017/506)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 JULY 2017

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

[2] On 7 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 D Vroland 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 PR594421.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), and Applus RTD Pty Ltd. The AMWU sought a protected action ballot for employees of Applus RTD Pty Ltd, seeking authorisation for potential industrial action. The legal dispute centred on whether the AMWU's proposed ballot complied with the necessary legal requirements and whether the ballot was procedurally fair. The case was heard in the Fair Work Commission of Australia.

The central legal issues revolved around the interpretation of relevant industrial relations legislation and the procedural fairness of the proposed ballot. The court had to determine whether the AMWU's proposed ballot met the statutory requirements for timing, content, and procedural fairness. The court also needed to consider whether there were any procedural errors in the AMWU's ballot process that could affect the fairness of the proposed industrial action.

The court examined the relevant provisions of the Fair Work Act 2009 and the decisions in previous cases to assess the AMWU's compliance with the legal requirements for a protected action ballot. The court held that the AMWU's proposed ballot did not meet the statutory requirements for procedural fairness. Specifically, the ballot did not provide sufficient information to the employees about the potential consequences of the proposed industrial action, and there were procedural errors in the ballot process. The court ruled that the AMWU's proposed ballot was invalid and quashed it.

As a result of the court's decision, the AMWU was required to address the procedural errors in its ballot process and provide adequate information to the employees before conducting another ballot. The court did not make any further orders regarding the dispute between the AMWU and Applus RTD Pty Ltd.

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