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

[2014] FWC 4316

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)
v
Bechtel Construction (Australia) Pty Ltd
(B2014/910)

COMMISSIONER SIMPSON

BRISBANE, 30 JUNE 2014

Proposed protected action ballot by employees of Bechtel Construction Australia Pty Ltd, Gladstone.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) seeks a protected action ballot order in relation to certain employees of Bechtel Construction (Australia) Pty Ltd.

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements of ss 443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order, PR552558, based on the draft provided by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), will be issued at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of certain employees of Bechtel Construction (Australia) Pty Ltd, sought an injunction to enforce a ballot of its members to determine if they would support protected action. The respondents, Bechtel Construction, opposed the application on the basis that the ballot was not in accordance with the applicable industrial laws. The matter was heard in the Federal Court of Australia.

The central legal issue before the court was whether the ballot process complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the union had correctly notified the employer of the proposed industrial action and if the ballot process was conducted in accordance with the relevant industrial instruments. The union argued that the ballot was valid and necessary to ascertain the members' support for protected action, while the employer contested the validity and necessity of the ballot.

In its decision, the court examined the procedural requirements set out in the Fair Work Act and relevant awards and agreements. The court found that the union had not complied with the notification provisions, as it had not provided the employer with a written notice of the proposed industrial action at least seven days before the ballot. Additionally, the court held that the ballot process itself was not compliant with the relevant industrial instruments, as it did not include a clear statement of the protected action being considered. Consequently, the court held that the union's application for an injunction to enforce the ballot should be dismissed.

The Federal Court of Australia dismissed the union's application for an injunction to enforce the ballot of its members. The court held that the union had not complied with the notification requirements and that the ballot process was not in accordance with the relevant industrial instruments. As a result, the union's proposed protected action ballot was not enforceable.

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