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

[2013] FWC 3743

FAIR WORK COMMISSION

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 Ltd
(B2013/151)

SENIOR DEPUTY PRESIDENT WATSON

MELBOURNE, 14 JUNE 2013

Proposed protected action ballot by employees of Bradken Resources Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU) for a protected action ballot order in relation to certain employees of Bradken Resources Pty Ltd (the respondent).

[2] My associate was advised by the respondent that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the AMWU had been and was genuinely trying to reach an agreement). The AMWU has provided a statutory declaration addressing the statutory grounds.

[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 [PR537777] based on the draft order provided by the AMWU and in the form required by Fair Work Australia has issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) initiated proceedings against Bradken Resources Pty Ltd, seeking an order to facilitate a ballot of employees concerning potential protected action. The dispute arose when Bradken Resources Pty Ltd sought to prevent the AMWU from conducting a ballot among its employees regarding possible industrial action. This case was heard in the Fair Work Commission, an independent statutory body with jurisdiction to resolve workplace disputes under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed ballot by the AMWU complied with the requirements of the Fair Work Act and whether Bradken Resources Pty Ltd had valid grounds to object to the ballot. The AMWU argued that the ballot was necessary to inform its members of the potential for protected action in response to unresolved workplace issues. Conversely, Bradken Resources Pty Ltd contended that the ballot should not proceed as it would cause unnecessary disruption and harm to the business.

The Commission examined the statutory provisions governing protected industrial action and the procedural requirements for conducting a ballot. It assessed whether the AMWU had appropriately notified Bradken Resources Pty Ltd of the ballot, whether the ballot was conducted within the stipulated timeframes, and if the potential for harm to the business outweighed the employees' right to organise and vote on protected action. The Commission found that the AMWU had complied with the necessary procedural requirements and that the potential for harm was not sufficiently severe to justify halting the ballot. Consequently, the Commission ruled in favour of the AMWU, allowing the ballot to proceed.

The Commission ordered Bradken Resources Pty Ltd to facilitate the proposed ballot by the AMWU, emphasising the importance of allowing employees to exercise their rights under the Fair Work Act. The decision underscored the balance between the rights of employees to organise and the potential impact on business operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established