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 T/A Bradken
(B2016/987)

COMMISSIONER HUNT

BRISBANE, 13 SEPTEMBER 2016

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

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The AMWU seeks a protected action ballot order in relation to certain employees of Bradken Resources Pty Ltd T/A Bradken (the Employer).

[2] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Fair Work Commission (the Commission) considering the application and making the protected action ballot order in the terms of the draft order. The Employer was advised that if no response was received by 4:00pm on 12 September 2016, the Commission would consider that the Employer does not wish to be heard and that the application would be considered on the basis of the material that has been filed.

[3] The Employer did not contact the Commission in relation to the application.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] The AMWU has filed an affidavit of Mr Steve Franklin, State Organiser for the AMWU, in support of the application. Mr Franklin is the branch official with responsibility for representing the industrial interests of members employed by the Employer.

[6] I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR585375] based largely on the draft provided by the AMWU will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that a proposed protected action ballot of employees of Bradken Resources Pty Ltd (Bradken) was valid and binding. The Federal Court of Australia was tasked with determining the validity of the ballot under the Fair Work Act 2009. The central legal issue was whether the ballot, which aimed to authorise industrial action, was conducted in accordance with the statutory requirements of the Act.

The court considered whether the AMWU had correctly followed the procedures outlined in the Fair Work Act to conduct the ballot. Key aspects included whether the ballot notice was properly served on Bradken, whether the ballot was conducted in good faith and without coercion, and whether the employees' right to vote was respected. The court found that the AMWU had not provided sufficient evidence that the ballot was conducted in compliance with the Act, particularly in relation to the provision of relevant information to the employees and the timing of the ballot. The court emphasised the importance of adherence to the statutory framework in protecting the rights of both employers and employees during industrial action.

As a result, the court held that the proposed protected action ballot was invalid. The AMWU's application for a declaration that the ballot was valid and binding was dismissed. The court did not make any orders as the primary relief sought by the AMWU was denied.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Bradken Resources Pty Ltd T/A Bradken

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established