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
BlueScope Steel (AIS) Pty Ltd
(B2018/660)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 31 JULY 2018

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

[2] On 31 July 2018 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr G Bubb 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 PR609585.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), initiated proceedings against BlueScope Steel (AIS) Pty Ltd in the Fair Work Commission. The AMWU sought authorisation for a protected action ballot of BlueScope's employees, intending to involve them in a potential industrial action. The dispute centred on the eligibility of the employees to participate in the ballot, as BlueScope argued that the proposed action was not protected under the Fair Work Act 2009.

The legal issues at the core of this case revolved around the interpretation and application of the Fair Work Act, particularly sections that govern protected industrial action and the rights of employees to engage in such action. The primary question was whether the employees in question were eligible to participate in the proposed ballot, given their specific employment status and the nature of the industrial action being considered. Additionally, the court had to determine if the AMWU's proposed action met the statutory criteria for protected industrial action.

The Fair Work Commission assessed the eligibility of BlueScope's employees to participate in the ballot, examining the specific employment arrangements and the nature of the proposed industrial action. The Commission concluded that the employees were indeed eligible to participate in the ballot, as their employment conditions and the nature of the proposed action met the criteria set out in the Fair Work Act. The Commission authorised the AMWU to conduct the ballot, affirming that the proposed action qualified as protected industrial action under the Act. The Commission's decision was based on a detailed analysis of the statutory provisions and the factual circumstances of the case.

The final orders of the Commission were that the AMWU was authorised to conduct a ballot of BlueScope's employees regarding the proposed industrial action. The decision underscored the importance of ensuring that employees' rights to engage in protected industrial action were upheld, while also balancing the interests of the employer. This ruling reinforced the procedural requirements for unions to follow when seeking to involve employees in industrial action, ensuring that such actions were conducted in accordance with the provisions of the Fair Work Act.

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