DECISION

Fair Work Act 2009
s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Aristocrat Technologies Australia Pty Limited
(B2019/132)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 FEBRUARY 2019

Proposed protected action ballot of employees of Aristocrat Technologies Australia Pty Limited.

[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 Aristocrat Technologies Australia Pty Limited (Respondent).

[2] On 18 February 2019, 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 Ms Jacqueline Carovska 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 PR705053.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) lodged a complaint against Aristocrat Technologies Australia Pty Limited, alleging that the company had unlawfully interfered with the employees' right to conduct a ballot for protected industrial action. The dispute centred around the company's actions in response to the union's proposed ballot, which aimed to ascertain employee support for potential industrial action. The AMWU sought remedies for the alleged unlawful interference and requested the Commission to order the company to cease its actions and take specific steps to rectify the situation.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the protection of employees' rights to engage in protected industrial action and the prohibition of employer interference. The Commission needed to determine whether the company's actions constituted an interference with the employees' right to conduct a ballot and, if so, what remedies were appropriate under the Act.

The Commission found that the company had indeed interfered with the employees' right to conduct a ballot by attempting to dissuade them from participating, thereby undermining the integrity of the process. The company's actions were deemed to contravene the protections afforded by the Fair Work Act. Consequently, the Commission ordered the company to cease its interference, to take steps to rectify the situation by ensuring that employees were informed about their rights and the proper process for conducting a ballot, and to provide relevant information to the AMWU. The company was also required to make a financial contribution to the AMWU to compensate for the time and resources expended in pursuing the complaint.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Aristocrat Technologies Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established