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
Boral Cement Limited
(B2018/533)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 3 JULY 2018

Proposed protected action ballot of employees of Boral Cement Limited.

[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 Boral Cement Limited (Respondent).

[2] On 2 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 J Stewart 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 PR608678.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU) against Boral Cement Limited, the Fair Work Commission was tasked with considering the AMWU's application for authorisation to conduct a protected action ballot among employees of Boral Cement Limited. The central dispute arose from the AMWU's intention to ballot its members to determine whether to take protected industrial action in response to perceived unfair labour practices by the employer.

The primary legal issue before the Commission was whether the AMWU had provided sufficient evidence to satisfy the criteria for authorisation of a protected action ballot under the Fair Work Act 2009. This involved an assessment of whether the proposed industrial action was in relation to a "workplace dispute" as defined by the Act and whether the ballot was necessary and appropriate to resolve the dispute. The Commission needed to determine if the AMWU's claims regarding unfair labour practices by Boral Cement Limited were genuine and if the proposed industrial action was a reasonable means to address those claims.

The Commission found that the AMWU had provided adequate evidence to substantiate their claims of unfair labour practices, establishing a bona fide workplace dispute. The Commission further concluded that the proposed industrial action was necessary and appropriate to resolve the dispute, thereby satisfying the criteria for authorisation of a protected action ballot. Consequently, the AMWU's application for authorisation was approved, permitting the union to proceed with the ballot among its members.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established