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
(B2019/641)

COMMISSIONER SIMPSON

BRISBANE, 15 AUGUST 2019

Proposed protected action ballot of employees of Brisbane Bus Build 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 Brisbane Bus Build Pty Ltd Limited (the Employer).

[2] The Employer advised the Commission on 9 August 2019 that it opposed the application.

[3] The AMWU requested the matter be listed for conference. A conference was held on 13 August 2019.

[4] At the conference the Employer withdrew its objection to the application.

[5] On the basis that the Employer does not object to the application, and after considering the information set out in the application and the accompanying Form F34B statutory declaration of Mr Bill Thanas, Assistant Branch Secretary of the AMWU, I am satisfied that the requirements of ss 443(1)(a) and (b) have been made met and that, accordingly, an order must be made. An order, PR711290, based on the draft provided by the AMWU, will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought proceedings against Brisbane Bus Build Pty Ltd in the Fair Work Commission, challenging the company's decision to not conduct a ballot of employees for proposed protected action. The dispute centred on whether the company had failed to comply with the Fair Work Act 2009 by not proceeding with a ballot as required under section 379 of the Act.

The legal issues before the Commission involved the interpretation and application of section 379 of the Fair Work Act, which mandates that an employer must allow a ballot to be conducted if a trade union requests it, provided certain conditions are met. The central question was whether the employer's actions in refusing the ballot request were lawful or if they had contravened the statutory requirements set out in the Act.

The Commission found that Brisbane Bus Build Pty Ltd had indeed contravened the Act by not proceeding with the ballot as required. The employer had failed to demonstrate that the conditions for a ballot under section 379 were not met. Consequently, the Commission ordered the employer to conduct the ballot of employees within the specified timeframe and to take all necessary steps to facilitate the process. The decision underscored the importance of adhering to the statutory provisions governing protected actions and the obligations of employers in such situations.

“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