"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Doka Formwork Australia Pty Ltd

[2018] FWC 7780

[2018] FWC 7780

FAIR WORK COMMISSION

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
Doka Formwork Australia Pty Ltd
(B2018/1210)

DEPUTY PRESIDENT DEAN SYDNEY, 20 DECEMBER 2018

Proposed protected action ballot of employees of Doka Formwork Australia Pty Ltd.

[1] On 18 December 2018 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application for a protected action ballot order pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was made in respect of employees of Doka Formwork Australia (Doka) who are members of the AMWU.

[2] Doka advised the Commission that it did not oppose the making of a protected action ballot order provided that the ballot question referring to “indefinite or periodic partial work bans” was removed. Doka also requested a seven day notice period be provided by the AMWU in the event that the vote is successful for stoppages in excess of 3 consecutive days.

[3] The AMWU did not agree to the propositions made by Doka. In the circumstances the matter was listed for hearing before me on 20 December 2018.

[4] Prior to the commencement of the hearing, correspondence was received from Ms A Blasi (HR Manager) indicating that Doka no longer sought the written notice and that it would not make any further submissions in relation to its objection to the ballot question. Ms Blasi further advised that Doka was content for the Commission to determine the application on the basis of the materials provided and did not intend to appear at the hearing.

[5] At the hearing, Mr S Howe appeared for the AMWU. Mr Howe made short submissions with respect to Doka’s objection to the ballot question and relied on the decision of Deputy President Gostencnik in AMWU v Steel Building Systems Australia Pty Ltd T/A Supaloc 1. In that decision, the Deputy President found that the question which comprised the phrase “indefinite or periodic partial work bans” was sufficiently clear to enable it to be answered by the employees who would participate in the ballot and allowed it to be included in the order.

[6] On the basis of the material before me, including the statutory declaration of Mr Bradley Hattenfels of the AMWU setting out the steps taken by it in bargaining with Doka and that it has been, and is, genuinely trying to reach agreement with Doka, I am satisfied that the requirements of s.443(1) of the Act have been met.

[7] In accordance with s.443(1) of the Act, the order sought by the AMWU must be made.

[8] An order has been separately issued in PR703471.

DEPUTY PRESIDENT

Appearances:

S Howe for the AMWU.

Hearing details:

2018.

Sydney:

December 20.

Printed by authority of the Commonwealth Government Printer

<PR703416>

 1   [2018] FWC 4755.