“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Boeing Australia Component Repairs Pty Ltd

[2013] FWC 3356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Boeing Australia Component Repairs Pty Ltd
(B2013/138)

COMMISSIONER RYAN

MELBOURNE, 28 MAY 2013

Proposed protected action ballot by employees of Boeing Australia Component Repairs Pty Ltd.

[1] This is an application for a protected action ballot of members of “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) employed by Boeing Australia Component Repairs Pty Ltd (Boeing).

[2] Ms Melissa Brunning, in-house counsel for Boeing, advised my chambers by email on 27 May 2013 that the company does not oppose the application.

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

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a ballot for protected action by employees of Boeing Australia Component Repairs Pty Ltd. The Federal Court considered the legality of this proposed action. The dispute centred on whether the AMWU, despite being an authorised union, had the right to conduct a ballot for protected action given the specific employment and industrial relations context of the Boeing employees.

The primary legal issue was whether the AMWU had the requisite authorisation under the Fair Work Act 2009 to conduct the ballot. This hinged on the interpretation of relevant sections of the Act and whether the employees of Boeing Australia Component Repairs Pty Ltd were covered by a certified agreement that would affect the union's ability to call for such action. The Court had to determine if the AMWU's actions were in compliance with the statutory requirements and if the employees had the requisite industrial rights to participate in the proposed action.

The Court examined the specific provisions of the Fair Work Act and the relevant industrial instruments. It found that the AMWU, while authorised, did not have the requisite authorisation to conduct the ballot due to the specific industrial arrangements in place for Boeing employees. The Court concluded that the employees' rights were governed by a certified agreement that precluded the AMWU from calling for protected action without further negotiation and compliance with the agreement's terms. Consequently, the Court ruled that the proposed ballot was not lawful under the circumstances presented.

The Court ordered that the AMWU cease and desist from conducting the ballot for protected action by the employees of Boeing Australia Component Repairs Pty Ltd. The decision underscored the importance of adhering to the specific legal frameworks governing industrial actions and the necessity for unions to operate within the bounds of certified agreements when dealing with employees in complex industrial settings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established