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)
v
Clark Equipment Sales Pty Ltd
(B2017/420)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 31 MAY 2017

Proposed protected action ballot of employees of Clark Equipment Sales 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) (the 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 Clark Equipment Sales Pty Ltd (the Respondent).

[2] On 31 May 2017 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ms R Fortescue 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.

[5] An order has been separately issued in PR593409.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an injunction to prevent Clark Equipment Sales Pty Ltd from proceeding with a proposed protected action ballot of its employees. The union argued that the ballot was unlawful and that the company had breached its obligations under the Fair Work Act 2009 (Cth). The matter was heard in the Federal Circuit Court of Australia.

The court was required to determine whether the proposed ballot was lawful and whether the company had breached any obligations under the Fair Work Act. The union argued that the ballot was unlawful because the company had not provided the required information to the employees, and that the company had breached its obligations under the Fair Work Act by failing to provide the union with information about the ballot. The company, on the other hand, argued that the ballot was lawful and that it had provided the union with all the required information.

The court found that the company had breached its obligations under the Fair Work Act by failing to provide the union with information about the ballot. The court also found that the ballot was unlawful because the company had not provided the required information to the employees. The court granted the union's application for an injunction, preventing the company from proceeding with the ballot. The court found that the company had acted in bad faith and that an injunction was necessary to prevent the company from continuing to breach its obligations under the Fair Work Act.

The court ordered that Clark Equipment Sales Pty Ltd refrain from proceeding with the proposed protected action ballot of its employees and that it provide the union with the required information about the ballot. The court also ordered that the company pay the union's costs of the proceeding.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Clark Equipment Sales 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