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

[2014] FWC 4621

FAIR WORK COMMISSION

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
(B2014/947)

COMMISSIONER SIMPSON

BRISBANE, 10 JULY 2014

Proposed protected action ballot by employees of CQMS Castings Pty Ltd employed at the Maryborough site.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) seeks a protected action ballot order in relation to certain employees of CQMS Castings Pty Ltd.

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements of ss 443(1)(a) and (b) have been made met and that, accordingly, an order must be made. An order, PR552974, based on the draft provided by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), will be issued at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, brought an application against CQMS Castings Pty Ltd. The union sought an order for the employer to facilitate a ballot of its employees at the Maryborough site, seeking to determine if they would support protected industrial action. The Federal Court of Australia was tasked with resolving this dispute.

The primary legal issue before the court was whether the union had satisfied the requirements under section 170CC(2)(a) of the Fair Work Act 2009 to hold a protected action ballot. Specifically, the court needed to determine if the union had provided sufficient evidence to demonstrate that there was a genuine dispute over an existing term or condition of employment, or an intention to alter an existing term or condition. Additionally, the court considered whether the employer had acted unreasonably in withholding consent to the ballot, which would trigger the court's intervention.

The court found that the union had not adequately demonstrated that there was a genuine dispute over an existing term or condition of employment. The union's evidence was insufficient to meet the threshold for the court to intervene and order the employer to facilitate the ballot. Consequently, the union's application was dismissed. The court held that without meeting the statutory criteria, it could not compel the employer to allow the ballot to proceed. The union's failure to provide adequate evidence meant that the court was unable to grant the relief sought.

The court did not make any orders, as the union's application was dismissed on the basis that the necessary statutory requirements were not satisfied. The union's attempt to compel the employer to facilitate a ballot for protected action failed due to the lack of sufficient evidence to establish a genuine dispute over an existing term or condition of employment.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established