"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Broadspectrum (Australia) Pty Ltd Summary

[2017] FWC 4612

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)

Broadspectrum (Australia) Pty Ltd

(B2017/796)

Deputy President Gostencnik

MELBOURNE, 5 SEPTEMBER 2017

Proposed protected action ballot of employees of Broadspectrum (Australia) Pty Ltd.

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

On 5 September 2017 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr G Bubb 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.

An order has been separately issued in PR595852.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), known as the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union," applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Broadspectrum (Australia) Pty Ltd. The application sought to conduct a ballot to determine if employees wished to engage in protected industrial action. Broadspectrum did not object to the application, leading to a determination on the papers without a hearing.

The legal issues before the court included whether there was a notification time in relation to the proposed agreement and if the requirements of section 443(1) of the Act had been fulfilled. The AMWU argued that it had been genuinely trying to reach an agreement with Broadspectrum and had taken appropriate steps in bargaining, as evidenced by the statutory declaration of Mr. G Bubb. The court needed to verify if these steps met the legislative criteria and if the conditions for a protected action ballot were met.

The Deputy President, Gostencnik, was satisfied based on the material presented, including the declaration by Mr. G Bubb that the AMWU had genuinely attempted to reach an agreement and that a notification time existed for the proposed agreement. The court found that all requirements under section 443(1) of the Act were met, leading to the conclusion that the AMWU was entitled to proceed with the ballot. Consequently, the court issued an order in PR595852 to allow the protected action ballot to proceed.

The court's decision and order authorised the AMWU to conduct a ballot among the specified employees of Broadspectrum to determine if they supported protected industrial action. This ruling was based on the evidence of good faith bargaining efforts and compliance with statutory requirements.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Broadspectrum (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established