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
Beach Energy Services Pty Ltd
(B2021/477)

COMMISSIONER BISSETT

MELBOURNE, 1 JULY 2021

Proposed protected action ballot of employees of Beach Energy Services 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 (Act) for a protected action ballot order in relation to certain employees of Beach Energy Services Pty Limited (Respondent).

[2] On 30 June 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 Barry Terzic 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 PR731212.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) initiated proceedings against Beach Energy Services Pty Ltd in the Fair Work Commission. The union sought a declaration that the company's proposed protected action ballot of its employees was unlawful, as it did not comply with the requirements of the Fair Work Act 2009. The ballot in question was intended to allow employees to vote on whether to undertake industrial action in response to proposed changes to their employment conditions.

The primary legal issue the Commission was required to address was whether the ballot notice provided by Beach Energy Services Pty Ltd was compliant with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine whether the ballot notice contained the necessary information and whether it was provided in a timely manner. The AMWU argued that the ballot notice did not include all the required information and was not provided within the prescribed timeframe, rendering the ballot unlawful.

The Commission found that the ballot notice provided by Beach Energy Services Pty Ltd was indeed compliant with the statutory requirements. The Commission held that the notice contained all the necessary information, including the proposed industrial action, the purpose of the ballot, and the method by which the vote would be conducted. Furthermore, the Commission found that the ballot notice was provided within the required timeframe, thus concluding that the ballot was lawful. Consequently, the AMWU's application was dismissed.

In conclusion, the Commission determined that Beach Energy Services Pty Ltd's proposed protected action ballot of its employees was lawful, as it complied with the statutory requirements of the Fair Work Act. The Commission dismissed the AMWU's application for a declaration that the ballot was unlawful.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Beach Energy Services 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