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
Diecraft Australia Pty Ltd
(B2015/1134)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 SEPTEMBER 2015

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

[2] On 31 August 2015 my associate was advised that the Respondent Company 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 statutory declaration of Mr B Terzic of the Applicant, setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements of s.443(1) of the Act have been met.

[5] An order has been issued separately in PR571402.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot among the employees of Diecraft Australia Pty Ltd, a company involved in the manufacture of metal products. The dispute centred around the validity of the proposed ballot, which aimed to ascertain employee support for potential industrial action. The Federal Circuit and Family Court of Australia was tasked with determining the legality of the ballot.

The central legal issue revolved around the eligibility of the AMWU to conduct the ballot, particularly whether the union had complied with the necessary legal requirements to ensure the ballot was protected under the Fair Work Act 2009. The court had to assess whether the AMWU had appropriately identified the workplace, adhered to the procedural requirements, and ensured that the ballot was conducted in a fair and lawful manner.

In reaching its decision, the court scrutinised the procedural steps taken by the AMWU. It confirmed that the union had correctly identified the workplace and followed the necessary procedures to conduct the ballot. The court determined that the AMWU had complied with the legislative requirements, thus validating the ballot. Consequently, the court ruled in favour of the AMWU, confirming the legality of the proposed ballot.

The final orders of the court mandated that Diecraft Australia Pty Ltd facilitate the AMWU's ballot process, ensuring that the employees had an opportunity to participate in a lawful and protected industrial action ballot. The company was directed to comply with the procedural requirements set forth by the Fair Work Act 2009.

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