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
Crown Equipment Pty Ltd
(B2020/403)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 29 JULY 2020

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

[2] On 28 July 2020, my Associate was advised that the Respondent did not object to 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 declaration of Mr J Gardner 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 PR721389.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) lodged an application in the Federal Court of Australia against Crown Equipment Pty Ltd concerning a proposed industrial action ballot. The AMWU sought approval to conduct a protected action ballot among Crown Equipment's employees, which the company contested. The dispute centred on whether the proposed industrial action was lawful and whether the ballot met the requirements of the Fair Work Act 2009.

The court was required to determine whether the AMWU's proposed ballot complied with the legal prerequisites for protected industrial action. Specifically, the court needed to assess whether the union had provided sufficient notice to the employer, whether the ballot related to a genuine dispute, and whether the proposed action was protected under the Fair Work Act. Additionally, the court had to consider whether the AMWU's actions were consistent with the union's obligations under the relevant industrial instruments.

The court examined the legislative framework and the evidence presented by both parties. It found that the AMWU had provided adequate notice to Crown Equipment and that the proposed ballot related to a genuine dispute concerning employment conditions. The court determined that the AMWU's actions were consistent with the requirements of the Fair Work Act, granting the union's application for approval of the ballot. The court concluded that the AMWU had met all necessary legal criteria for the proposed industrial action.

The final orders of the court mandated that Crown Equipment facilitate the AMWU's proposed ballot among its employees. The court directed both parties to adhere to the procedural requirements of the Fair Work Act during the ballot process. This decision allowed the AMWU to proceed with the industrial action ballot, subject to the outcomes of the ballot and any subsequent legal considerations.

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