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
Brick Australia Services Pty Limited
(B2021/159)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 11 MARCH 2021

Proposed protected action ballot of employees of Bricks Australia Services Pty Limited.

[1] This is an application by the the Australian Manufacturing Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Brick Australia Services Pty Limited (Respondent).

[2] On 11 March 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Joshua Gardner 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 PR727701.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) filed an application against Bricks Australia Services Pty Limited, seeking authorisation for a protected action ballot. The dispute arose from an industrial action involving employees of Bricks Australia Services Pty Limited, who were represented by the AMWU. The AMWU sought to conduct a protected action ballot to assess employee support for potential protected action. The central legal issues involved whether the proposed ballot was lawful and whether it complied with the relevant provisions of the Fair Work Act 2009. The AMWU argued that the ballot was necessary to determine employee sentiment and to facilitate a peaceful resolution of the industrial dispute. Conversely, Bricks Australia Services Pty Limited contended that the ballot was not in compliance with the requirements set forth in the Act and that it was potentially coercive.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the Fair Work Act 2009. The Commission noted that a protected action ballot is a lawful means to gauge employee support for potential industrial action, provided it adheres to the statutory requirements. The Commission assessed whether the ballot notice provided by the AMWU was clear, concise, and contained all necessary information as mandated by the Act. Additionally, the Commission evaluated whether the ballot was conducted in a manner that did not unduly influence or coerce employees. After a thorough review, the Commission determined that the AMWU's ballot complied with the legislative requirements and was therefore lawful. The Commission emphasised the importance of transparency and fairness in the ballot process to ensure that employees could make informed decisions.

Consequently, the Fair Work Commission authorised the AMWU to conduct the proposed protected action ballot. The Commission's decision affirmed that the ballot was a legitimate means to ascertain employee sentiment and to facilitate negotiations. The Commission underscored the need for both parties to engage in good faith discussions to resolve the industrial dispute. The final orders of the Commission included authorisation for the AMWU to proceed with the ballot, subject to compliance with the statutory requirements and the principles of fairness and transparency.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Brick Australia Services 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