“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Demag Cranes and Components Pty Ltd Summary

[2013] FWC 4797

FAIR WORK COMMISSION

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
Demag Cranes and Components Pty Ltd
(B2013/1034)

COMMISSIONER RYAN

MELBOURNE, 18 JULY 2013

Proposed protected action ballot by employees of Demag Cranes and Components Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for a protected action ballot order in relation to certain employees of Demag Cranes and Components Pty Ltd (the respondent).

[2] My associate received correspondence from the respondent acknowledging that it does not oppose the application.

[3] The AMWU filed a Statutory Declaration detailing how it says it has been and is genuinely trying to reach agreement with the respondent.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[5] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR539055] has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot for employees of Demag Cranes and Components Pty Ltd, which was contested by the employer. The case was heard by the Fair Work Commission (FWC). The AMWU argued that the employees were entitled to conduct a protected action ballot in relation to proposed changes to their enterprise agreement, while the employer opposed the ballot, claiming the proposed changes were not significant enough to warrant such action. The FWC had to determine whether the proposed changes were of sufficient importance to justify a protected action ballot under the Fair Work Act 2009.

The FWC examined the nature and significance of the proposed changes to the enterprise agreement. It considered whether the changes had a substantial impact on the employees' working conditions and whether the proposed action was a reasonable means of addressing those changes. The FWC had to balance the union's right to organise and advocate for its members against the employer's rights and obligations under the Fair Work Act. The Commission assessed the evidence and arguments presented by both parties, including the potential impact of the proposed changes on the employees and the overall enterprise.

After thorough consideration, the FWC found that the proposed changes to the enterprise agreement were of significant importance and warranted a protected action ballot. The FWC concluded that the proposed changes had a substantial impact on the employees' working conditions, and that a ballot was a reasonable means of allowing the employees to express their views on the changes. The Commission determined that the union's right to organise and advocate for its members outweighed the employer's objections in this case. Consequently, the FWC ordered that a protected action ballot be conducted among the employees of Demag Cranes and Components Pty Ltd.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Demag Cranes and Components Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established