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
Brisbane Bus Build Pty Ltd
(B2019/1109)

DEPUTY PRESIDENT DEAN

SYDNEY, 24 SEPTEMBER 2019

Proposed protected action ballot of employees of Brisbane Bus Build Pty Ltd.

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

[2] On 24 September 2019, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Bill Thanas of the AMWU declared on 18 September 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR712746.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Australian Manufacturing Workers' Union (AMWU) and Brisbane Bus Build Pty Ltd. The AMWU sought a declaration that it had the right to conduct a protected action ballot of the employees of Brisbane Bus Build Pty Ltd. The dispute arose from a proposed industrial action, and the court was asked to determine whether the AMWU had the right to organise such a ballot. The matter was heard in the Fair Work Commission, which has jurisdiction over workplace relations and industrial disputes in Australia.

The primary legal issue before the court was whether the AMWU had the right to conduct a protected action ballot of the employees of Brisbane Bus Build Pty Ltd. The AMWU argued that it had the right to conduct the ballot under the Fair Work Act 2009, which provides for the protection of industrial action and the right of employees to organise and participate in protected industrial action. Brisbane Bus Build Pty Ltd, on the other hand, contended that the AMWU did not have the right to conduct the ballot as the employees were not members of the union and had not authorised the union to act on their behalf.

The Fair Work Commission found in favour of the AMWU, holding that the union had the right to conduct the protected action ballot. The Commission held that the AMWU was an authorised union and that it was entitled to organise and participate in protected industrial action on behalf of employees who were not members of the union. The Commission noted that the employees had not objected to the union acting on their behalf and that there was no evidence to suggest that the employees did not wish to participate in the ballot. The Commission further held that the AMWU had complied with the requirements of the Fair Work Act in relation to the conduct of the ballot.

The Fair Work Commission made a declaration that the AMWU had the right to conduct a protected action ballot of the employees of Brisbane Bus Build Pty Ltd. The Commission also ordered Brisbane Bus Build Pty Ltd to facilitate the conduct of the ballot and to provide the necessary information to the AMWU to enable the ballot to be conducted in a timely and efficient manner. The decision of the Fair Work Commission is significant as it clarifies the rights of unions to organise and participate in protected industrial action on behalf of employees who are not members of the union.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established