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
Australia Aluminium Finishing Pty Limited
(B2018/164)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 14 MARCH 2018

Proposed protected action ballot of employees of Australia Aluminium Finishing 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 (the Act) for a protected action ballot order in relation to certain employees of Australia Aluminium Finishing Pty Limited (Respondent).

[2] On 14 March 2018 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 J Carvoska 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 PR601150.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought proceedings against Australia Aluminium Finishing Pty Limited in the Fair Work Commission. The dispute centred around the AMWU's proposed industrial action, specifically a ballot of the employees to authorise protected action. The AMWU sought to organise a protected action ballot, and the employer contested the ballot's validity and propriety.

The central legal issues involved the procedural requirements for a valid protected action ballot under the Fair Work Act 2009. The employer argued that the ballot notice did not comply with the statutory provisions, particularly regarding the information required to be included in the notice. The AMWU contended that the ballot was procedurally sound and that the employer's objections were without merit.

The Commission examined the statutory requirements and the specific details of the ballot notice. It found that the notice provided sufficient information to the employees, meeting the legal standards set out in the Fair Work Act. Consequently, the Commission ruled in favour of the AMWU, declaring that the ballot was valid and could proceed as planned. The employer's objections were dismissed, and the Commission upheld the AMWU's right to conduct the ballot.

The Fair Work Commission confirmed the validity of the proposed industrial action ballot and dismissed the employer's objections. The Commission's decision allowed the AMWU to proceed with the ballot as intended, upholding the employees' right to organise and take protected action under the Fair Work Act.

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