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
CQMS Castings Pty Ltd
(B2017/439)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 31 MAY 2017

Proposed protected action ballot by employees of CQMS Castings 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 CQMS Castings 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 Mr J Blundell-Thornton 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 PR593402.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration from the Fair Work Commission that the proposed protected action ballot by employees of CQMS Castings Pty Ltd was lawful and protected action. CQMS Castings Pty Ltd contested the AMWU's application, asserting that the ballot did not comply with statutory requirements and therefore was not protected action. The dispute was heard by the Fair Work Commission, presided over by Commissioner J.J. McKenna.

The central legal issues before the court were whether the proposed protected action ballot complied with the necessary statutory provisions and whether it was, therefore, protected action under the Fair Work Act 2009. Specifically, the court needed to determine whether the ballot correctly followed the requirements set out in sections 387 and 388 of the Act, including whether the ballot notice was in the approved form, whether it was issued at the correct time, and whether it was distributed in a manner consistent with the statutory provisions.

Commissioner McKenna held that the ballot complied with the statutory requirements, and thus the proposed protected action was protected action under the Fair Work Act. The Commissioner found that the ballot notice was in the correct form, was issued at the appropriate time, and was distributed as required by law. The court was satisfied that all statutory conditions had been met, leading to the conclusion that the proposed protected action was indeed protected action.

The Fair Work Commission declared that the proposed protected action ballot by the employees of CQMS Castings Pty Ltd was lawful and protected action under the Fair Work Act. This decision ensures that the employees' right to take protected action is upheld, provided that the statutory requirements are strictly followed.

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