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
Asaleo Care Australia Pty Ltd
(B2015/1564)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 25 NOVEMBER 2015

Proposed protected action ballot of employees of Asaleo Care Australia 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 Asaleo Care Australia Pty Ltd (the Respondent).

[2] On 25 November 2015 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 the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR574399.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that a proposed protected action ballot of employees of Asaleo Care Australia Pty Ltd was valid. The dispute centred around the scope and timing of a ballot concerning potential protected industrial action by employees. The Fair Work Commission (FWC) was the court involved in this matter.

The legal issues before the FWC were whether the AMWU had standing to call a ballot and if the ballot complied with the requirements of the Fair Work Act 2009. The FWC needed to determine if the union had the right to call a ballot, considering the union's registration and the employees' eligibility, and whether the ballot process adhered to the prescribed form and timing requirements under the Act.

The FWC found that the AMWU had standing to call the ballot as it was a registered union and its members were eligible employees. The FWC determined that the ballot complied with the legislative requirements, including the correct form and timing. The Commission held that the AMWU had followed the necessary procedures for calling a ballot, and thus, the ballot was valid.

The FWC declared that the proposed ballot was valid, allowing the AMWU to proceed with the industrial action process as intended.

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