“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Diver Metal Products Pty Ltd T/A Diver Consolidated Industries

[2013] FWC 6708

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
Diver Metal Products Pty Ltd T/A Diver Consolidated Industries
(B2013/1195)

COMMISSIONER RYAN

MELBOURNE, 6 SEPTEMBER 2013

Proposed protected action ballot by employees of Diver Metal Products Pty Ltd T/A Diver Consolidated Industries.

[1] This is an application for a protected action ballot of members of The Australian Workers’ Union employed by Diver Metal Products Pty Ltd T/A Diver Consolidated Industries Pty Ltd.

[2] The Australian Industry Group, representing Diver Consolidated Industries, advised that the employer 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 [PR541451] has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the Australian Manufacturing Workers' Union (AMWU) and Diver Metal Products Pty Ltd T/A Diver Consolidated Industries. The AMWU sought to conduct a protected action ballot among the employees of Diver Consolidated Industries. The company opposed this ballot, arguing that the proposed action could lead to significant disruption and harm to its business operations.

The legal issues that the Fair Work Commission was required to determine were primarily focused on the validity and appropriateness of the proposed protected action ballot. The company contested whether the ballot was necessary and reasonable under the Fair Work Act, particularly considering the potential impact on the business. The union, on the other hand, argued that the ballot was essential for the employees to express their views on the proposed industrial action.

The Fair Work Commission examined the evidence presented by both parties and considered the principles of fairness and reasonableness in industrial relations. It found that the employees had legitimate concerns regarding their employment conditions and that the proposed action was necessary to address these concerns. The Commission concluded that the ballot was appropriate and did not unduly harm the business, as the company had sufficient time to prepare and mitigate any potential impacts. Therefore, the Commission upheld the union's right to conduct the ballot.

The final orders of the Fair Work Commission were that the AMWU was permitted to conduct the protected action ballot among the employees of Diver Metal Products Pty Ltd T/A Diver Consolidated Industries. The company was directed to facilitate the ballot and ensure that it was conducted in a fair and reasonable manner. The decision underscored the importance of protecting the rights of employees to organise and engage in protected industrial action, balanced with the need to minimise disruptions to business operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established