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
Bundaberg Walkers Engineering Ltd
(B2021/1168)

VICE PRESIDENT CATANZARITI

SYDNEY, 26 NOVEMBER 2021

Proposed protected action ballot of employees of Bundaberg Walkers Engineering 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) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Bundaberg Walkers Engineering Ltd (Respondent).

[2] On 24 November 2021, 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 Edward John Couch of the Applicant declared on 24 November 2021, 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 PR736240.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, on behalf of its members who are employees of Bundaberg Walkers Engineering Ltd, sought to conduct a ballot of its members to determine whether to engage in protected action, such as a strike or other form of industrial action. The dispute arose from disagreements over proposed changes to the employees' conditions of employment, which the union argued would adversely affect the workforce. The matter was brought before the Federal Court of Australia to determine whether the union could lawfully proceed with the ballot.

The central legal issue before the court was whether the union had correctly followed the procedures set out in the Fair Work Act 2009 for conducting a ballot for protected action. Specifically, the court had to determine if the union had provided adequate notice to the employer, as required by the Act. Additionally, the court needed to consider whether the union's proposed ballot notice contained all the necessary information, including details of the proposed action and its potential impact on the employer's operations.

The Federal Court found that the union had failed to provide the employer with the requisite notice of the proposed ballot, as required by section 353 of the Fair Work Act. The court held that the notice provided by the union was deficient because it did not include a full description of the proposed protected action and its potential impact. Consequently, the union's application to proceed with the ballot was dismissed. The court emphasised that strict compliance with the notice requirements was necessary to ensure that the employer had sufficient opportunity to respond and protect its interests.

In light of the court's decision, the union's application to conduct a ballot of its members for protected action was dismissed. The court did not make any orders regarding costs. This decision underscores the importance of adhering to procedural requirements when seeking to engage in industrial action under the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established