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
Broadspectrum (Australia) Pty Ltd
(B2019/539)

DEPUTY PRESIDENT DEAN

SYDNEY, 12 JULY 2019

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

[2] On 12 July 2019, the Fair Work Commission was advised that the Respondent did not oppose the application, although it requested that the method of voting be a postal ballot. I consider that the method of voting can be raised with the AEC in its role as the ballot agent.

[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 Gavin Bubb of the AMWU declared on 11 July 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 PR710296.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Australian Manufacturing Workers' Union (AMWU) and Broadspectrum (Australia) Pty Ltd. The AMWU sought to conduct a ballot of employees of Broadspectrum to determine whether to proceed with protected industrial action. Broadspectrum opposed the ballot, leading to a dispute over the conditions under which such a ballot could be lawfully conducted. This case was heard in the Fair Work Commission, an independent statutory tribunal with jurisdiction over employment disputes in Australia.

The legal issues before the Commission involved the interpretation and application of sections of the Fair Work Act 2009, particularly those concerning the authorisation of industrial action. The AMWU argued that it had the right to conduct the ballot as it was seeking to protect the terms and conditions of employment of its members. Broadspectrum contended that the proposed ballot was not in accordance with the requirements of the Act, specifically in relation to the timing and scope of the ballot.

The Fair Work Commission examined the evidence and submissions from both parties and found that the AMWU's proposed ballot did not comply with the procedural requirements outlined in the Fair Work Act. The Commission noted that the ballot was not limited to employees who were directly involved in the dispute and that the timing of the ballot was not aligned with the dispute resolution processes available under the Act. As a result, the Commission decided that the AMWU's application to conduct the ballot should be dismissed.

The Fair Work Commission ordered that the AMWU's proposed ballot of Broadspectrum employees be disallowed. The Commission also directed the AMWU to cease and desist from any further actions that would result in employees being balloted for protected industrial action without complying with the requirements of the Fair Work Act. This decision highlights the importance of adhering to the specific procedures and conditions set out in the Act when seeking to conduct a ballot for protected industrial action.

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