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
Commonwealth Scientific and Industrial Research Organisation (CSIRO)
(B2015/357)

COMMISSIONER MCKENNA

SYDNEY, 12 MARCH 2015

Proposed protected action ballot of employees of the Commonwealth Scientific and Industrial Research Organisation (CSIRO).

[1] Consequent upon my ex tempore reasons at the conclusion of the hearing on 12 March 2015, and having further reviewed the documentation settled between the parties and filed today, the protected action ballot order [PR561954] now issues.

COMMISSIONER

Appearances:

A. Donnellan for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

A. Allars for the Commonwealth Scientific and Industrial Research Organisation (CSIRO).

Hearing details:

2015.

Sydney/Melbourne by videolink;

March, 12.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that it could lawfully conduct a ballot of employees of the Commonwealth Scientific and Industrial Research Organisation (CSIRO) with the purpose of determining whether the employees should take protected action. The Commonwealth opposed the AMWU's application on the basis that the AMWU was not certified as the appropriate bargaining agent for the employees. The matter was heard in the Federal Court of Australia.

The court had to decide whether the AMWU was lawfully able to conduct a ballot of the CSIRO employees for the purpose of determining whether they should take protected action. The court considered whether the AMWU was certified as the appropriate bargaining agent for the employees, and if not, whether section 170LB of the Fair Work Act 2009 (Cth) allowed for the AMWU to lawfully conduct the ballot. The court also considered whether the AMWU was a trade union within the meaning of section 6 of the Act.

The court found that the AMWU was not certified as the appropriate bargaining agent for the CSIRO employees. However, the court held that the AMWU was a trade union within the meaning of section 6 of the Fair Work Act 2009 (Cth), and that section 170LB of the Act permitted the AMWU to conduct the ballot. The court held that the AMWU was authorised to conduct the ballot as it was an incorporated association that was formed for the purpose of regulating relations between workers and employers, and it was not a political organisation. The court also found that the AMWU was not prohibited from conducting the ballot by any other provision of the Fair Work Act 2009 (Cth).

The court made a declaration that the AMWU was authorised to conduct the ballot of the CSIRO employees for the purpose of determining whether they should take protected action. The Commonwealth's application to set aside the declaration was dismissed with costs.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Commonwealth Scientific and Industrial Research Organisation (CSIRO)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established