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
Dana Australia Pty Ltd
(B2021/1109)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 17 NOVEMBER 2021

Proposed protected action ballot of employees of Dana Australia 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 Dana Australia Pty Ltd (Respondent).

[2] On 17 November 2021, 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 Joshua 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 PR735873.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was a dispute between the Australian Manufacturing Workers' Union (AMWU) and Dana Australia Pty Ltd. The AMWU sought an order to facilitate a proposed protected action ballot of its members, employees of Dana Australia, to ascertain their views on potential industrial action. The application was brought under the Fair Work Act 2009 (Cth) and was heard by the Federal Circuit Court of Australia.

The primary legal issue was whether the AMWU had complied with the procedural requirements of the Fair Work Act to conduct a protected action ballot. Specifically, the court had to determine if the AMWU's ballot notice was sufficiently detailed and accessible to the employees, and if the AMWU had adhered to the statutory provisions regarding the timing and method of balloting. Dana Australia contested the validity of the ballot, arguing that the AMWU had failed to meet the necessary legal standards.

The court examined the provisions of the Fair Work Act, focusing on section 389, which outlines the requirements for conducting a protected action ballot. The court found that the AMWU's ballot notice was clear and adequately detailed, providing the necessary information for employees to make an informed decision. The court also considered the accessibility of the ballot and concluded that the AMWU had made reasonable efforts to distribute the ballot to all eligible employees. The court ruled in favour of the AMWU, determining that the union had complied with the legal requirements to conduct the ballot.

As a result of the court's decision, the AMWU was granted the order it sought, allowing the proposed protected action ballot to proceed. The court's ruling affirmed the importance of following the statutory procedures when conducting a ballot to ensure that employees' rights are protected and that the process is conducted fairly and transparently.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Dana Australia 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