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
Boeing Aerostructures Australia Pty Limited T/A Boeing Aerostructures Australia
(B2018/100)

DEPUTY PRESIDENT GOSTENCNIK

PERTH, 20 FEBRUARY 2018

Proposed protected action ballot by employees of Boeing Aerostructures Australia Pty Limited t/a Boeing Aerostructures Australia.

[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 Boeing Aerostructures Australia Pty Limited t/a Boeing Aerostructures Australia (Respondent).

[2] On 20 February 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 K Johnston 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 PR600572.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of its members employed by Boeing Aerostructures Australia, sought to conduct a protected action ballot to gauge employee support for potential industrial action. The employer, Boeing Aerostructures Australia, contested the ballot, arguing it was not protected as it was not related to a genuine dispute of interest. The dispute was brought before the Fair Work Commission to determine the legitimacy of the ballot and the appropriateness of the employer's intervention.

The central legal issue before the Commission was whether the proposed ballot constituted a genuine dispute of interest under section 392 of the Fair Work Act 2009. The Commission had to examine whether the ballot was genuinely related to the employees' interests, as opposed to being a pretext for unprotected action. The Commission also considered whether the employer's attempt to prevent the ballot was justified under the circumstances.

The Fair Work Commission found that the proposed ballot was indeed related to a genuine dispute of interest, as the employees' claims were directly connected to their employment terms and conditions. The Commission ruled that the ballot was protected action and that the employer's attempt to intervene was improper. The employer's actions were seen as an attempt to interfere with the employees' right to organise and engage in protected action, which is protected under the Fair Work Act. Consequently, the employer's application to prevent the ballot was dismissed.

The Fair Work Commission's decision reinforced the importance of protecting employees' rights to organise and engage in protected action. The Commission held that employers must not interfere with such activities and must allow employees to exercise their rights without undue hindrance. The Commission ordered Boeing Aerostructures Australia to cease any actions that would impede the employees' right to conduct the ballot and to facilitate the process as required by law.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Boeing Aerostructures Australia Pty Limited T/A Boeing Aerostructures Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established