"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Best Bar (NSW) Pty Ltd t/as Best Bar Reinforcements Summary

[2018] FWC 1231

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)

Best Bar (NSW) Pty Ltd t/as Best Bar Reinforcements

(B2018/115)

Deputy President Gostencnik

MELBOURNE, 27 FEBRUARY 2018

Proposed protected action ballot of employees of Best Bar (NSW) Pty Ltd t/as Best Bar Reinforcements

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 Best Bar (NSW) Pty Ltd t/as Best Bar Reinforcements (Respondent).

On 27 February 2018 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 W Simmons 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 PR600746.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), and Best Bar (NSW) Pty Ltd trading as Best Bar Reinforcements. The dispute centred on the AMWU's proposed ballot of its members, who were employees of Best Bar Reinforcements, regarding protected action. The case was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The primary legal issues before the court were whether the AMWU had complied with the requirements of the Fair Work Act 2009, specifically sections 389 and 390, in relation to the proposed protected action ballot. The AMWU argued that it had followed all necessary procedures to conduct the ballot, while Best Bar Reinforcements contended that the union had failed to comply with certain statutory requirements, rendering the ballot invalid.

The Fair Work Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. The court found that the AMWU had not provided Best Bar Reinforcements with the required information in the prescribed manner, as mandated by section 390 of the Act. Consequently, the proposed ballot was deemed invalid, and the AMWU was ordered to cease the ballot process.

The Fair Work Commission ordered the AMWU to cease the proposed ballot of its members and to take all necessary steps to inform its members of the court's decision. The union was also directed to provide Best Bar Reinforcements with the required information in accordance with the Fair Work Act. The decision reinforced the importance of strict adherence to statutory requirements when conducting protected action ballots.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Best Bar (NSW) Pty Ltd t/as Best Bar Reinforcements

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established