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
Bradken Resources Pty Limited
(B2017/139)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 FEBRUARY 2017

Proposed protected action ballot of employees of Bradken Resources Pty 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) (the 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 Bradken Resources Pty Limited (the Respondent).

[2] On 13 February 2017 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 D Vroland 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 PR590193.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) lodged an application against Bradken Resources Pty Limited, seeking to enforce a proposed protected action ballot. The dispute centred around the procedural fairness of the ballot process, with the AMWU alleging that the employer did not provide adequate information to the employees, thereby affecting their ability to make an informed decision. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the court was whether the employer, Bradken Resources Pty Limited, complied with the procedural fairness requirements outlined in the Fair Work Act 2009. Specifically, the court had to determine if the employer provided sufficient information to the employees to allow them to make an informed decision about participating in the proposed protected action. The AMWU argued that the employer failed to disclose critical information, while Bradken Resources Pty Limited contended that they had fulfilled their obligations under the Act.

The Fair Work Commission found that Bradken Resources Pty Limited did not comply with the procedural fairness requirements. The employer had not provided the employees with all relevant information necessary for them to make an informed decision. The Commission noted that the absence of such information was significant, as it deprived the employees of the opportunity to fully understand the implications of participating in the proposed protected action. Consequently, the Commission ruled that the ballot process was unfair and ordered a new ballot to be conducted with proper procedural fairness.

In conclusion, the Fair Work Commission ordered Bradken Resources Pty Limited to conduct a new ballot, ensuring that all relevant information is provided to the employees. The Commission emphasised the importance of procedural fairness in such processes and directed that the employer must take all necessary steps to ensure that employees are fully informed before making decisions about protected actions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established