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
BCS Infrastructure Support Pty Ltd
(B2021/105)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 FEBRUARY 2021

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

[2] On 26 February 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Raoul Wainwright 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 PR727353.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), and BCS Infrastructure Support Pty Ltd. The dispute centred around a proposed industrial action ballot by the employees of BCS Infrastructure Support Pty Ltd. The case was heard in the Fair Work Commission of Australia.

The primary legal issues that the court had to decide were whether the proposed industrial action ballot by the employees of BCS Infrastructure Support Pty Ltd complied with the relevant provisions of the Fair Work Act 2009 (Cth). Specifically, the court had to determine if the ballot notice provided by the AMWU to the employer contained all the necessary information as required by the Act, including the proposed action, the period over which the action would be taken, and the number of employees likely to participate in the action.

In reaching its decision, the court examined the content of the ballot notice provided by the AMWU to BCS Infrastructure Support Pty Ltd. The court found that the notice contained all the necessary information as required by the Fair Work Act 2009 (Cth). The court also considered the timing of the notice and found that it was provided within the statutory timeframe. Consequently, the court concluded that the proposed industrial action ballot by the employees of BCS Infrastructure Support Pty Ltd complied with the relevant provisions of the Act.

As a result of the court's decision, the proposed industrial action ballot by the employees of BCS Infrastructure Support Pty Ltd was deemed to be lawful. The court did not make any specific orders as the primary focus of the case was to determine the legality of the ballot notice. However, the court's decision allowed the AMWU to proceed with the ballot as planned.

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