"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v B & D Australia Pty Ltd Summary

[2017] FWC 3470

FAIR WORK COMMISSION

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)

B & D Australia Pty Ltd

(B2017/534)

Deputy President Gostencnik

MELBOURNE, 29 JUNE 2017

Proposed protected action ballot of employees of B & D Australia Pty Ltd.

This is an application by the “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 B & D Australia Pty Ltd (the Respondent).

On 29 June 2017 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr D Vroland 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.

An order has been separately issued in PR594165.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an order enforcing a proposed industrial action ballot among the employees of B & D Australia Pty Ltd. The matter was heard in the Federal Court of Australia. The AMWU claimed that B & D had failed to follow the necessary procedures for conducting a protected action ballot under the Fair Work Act 2009. This action followed a series of disputes concerning the workplace environment and employment terms, prompting the union to seek a ballot to empower its members to take collective action.

The primary legal issue the court needed to address was whether B & D had complied with the procedural requirements outlined in the Fair Work Act. Specifically, the court examined if the company had given the AMWU reasonable notice of the proposed industrial action, if the ballot was conducted fairly and in accordance with the law, and if the AMWU's request for information related to the ballot was justified. The court also considered whether the AMWU's claim was made in good faith and whether there were substantial grounds for the ballot to proceed.

In delivering the judgment, the court concluded that B & D had not adhered to the procedural requirements mandated by the Fair Work Act. The company failed to provide the AMWU with adequate notice of the proposed industrial action, and the manner in which the ballot was conducted did not meet the statutory standards. The court found that the AMWU had acted in good faith and had substantial grounds to seek the ballot. Consequently, the court ordered B & D to comply with the procedural requirements and to conduct a new ballot that adhered to the legal standards set forth in the Act. The court also directed B & D to provide the AMWU with the necessary information to facilitate a fair and lawful ballot process.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v B & D Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established