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
Austex Dies Pty Ltd
(B2020/711)

DEPUTY PRESIDENT DEAN

SYDNEY, 13 NOVEMBER 2020

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

[2] On 13 November 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of John Stewart of the AMWU, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR724544.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Australian Manufacturing Workers' Union (AMWU) versus Austex Dies Pty Ltd was brought before the Fair Work Commission (FWC) in Australia. The AMWU sought authorisation for a proposed protected action ballot of employees of Austex Dies Pty Ltd, intending to gather support for potential industrial action. The dispute centred around the legitimacy of the proposed industrial action and whether it complied with the necessary legal requirements under Australian labour laws.

The primary legal issue for the FWC to address was whether the AMWU's proposed ballot met the statutory criteria for protected industrial action. This required the FWC to assess if the ballot was related to a relevant matter, such as an industrial dispute, and if it was conducted in a manner that adhered to the provisions of the Fair Work Act 2009. Additionally, the FWC had to consider if the proposed industrial action was protected action as defined by the legislation, which includes measures such as strikes and lockouts, provided they comply with specific legal conditions.

In its decision, the FWC determined that the AMWU's proposed ballot did indeed meet the necessary criteria. The Commission found that the ballot related to a genuine industrial dispute and was conducted in accordance with the legal requirements set out in the Fair Work Act. The FWC concluded that the proposed industrial action was protected action as it pertained to employees' terms and conditions of employment and was carried out in a lawful manner. Consequently, the AMWU was granted authorisation to proceed with the proposed ballot.

As a result of the FWC's decision, the AMWU was authorised to conduct the proposed protected action ballot among the employees of Austex Dies Pty Ltd. This decision ensured that the union could proceed with gathering support for potential industrial action, provided that the actions remained within the legal boundaries set by the Fair Work Act. The FWC's ruling upheld the rights of the employees and the union to engage in lawful industrial activities.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Austex Dies 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