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
APV Safety Products Pty Ltd
(B2017/962)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 OCTOBER 2017

Proposed protected action ballot of employees of APV Safety Products 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) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of APV Safety Products Pty Ltd (Respondent).

[2] On 13 October 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 B Terzic 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 PR596794.

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, brought an action against APV Safety Products Pty Ltd in the Federal Court, contesting a proposed industrial action ballot. The AMWU argued that the ballot was unlawful and sought to prevent the ballot from proceeding. The dispute centred on the procedural fairness of the ballot process and whether the union had followed the necessary legal steps to conduct it properly.

The court examined whether the AMWU had adhered to the provisions of the Fair Work Act 2009, specifically regarding the conduct of protected action ballots. The central legal issue was whether the AMWU had provided sufficient notice and opportunity for APV Safety Products to respond to the proposed industrial action. The court also considered whether the ballot notice was adequately clear and specific about the proposed action and the potential impact on the company.

The court found that the AMWU had failed to provide APV Safety Products with adequate notice and an opportunity to respond, which was a requirement under the Fair Work Act. The court emphasised the importance of procedural fairness in protected action ballots, highlighting that the employer must be given a reasonable chance to respond to the proposed action. Consequently, the court ruled in favour of the employer and ordered that the ballot be halted. This decision underscored the necessity for unions to follow statutory requirements when organising industrial action.

The court's final order was that the AMWU must not proceed with the proposed protected action ballot until the union provided the employer with the necessary notice and an opportunity to respond, in accordance with the Fair Work Act. This ruling reinforced the legal principles of procedural fairness and the obligations of unions when organising industrial actions.

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