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
Downer EDI Engineering Power Pty Ltd
(B2018/290)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 24 APRIL 2018

Proposed protected action ballot of employees of Downer EDI Engineering Power 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 Downer EDI Engineering Power Pty Ltd (Respondent).

[2] On 23 April 2018 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr C Wright 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 PR606277.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed an application against Downer EDI Engineering Power Pty Ltd in the Fair Work Commission. The dispute centred on a proposed protected action ballot of employees of Downer EDI Engineering Power Pty Ltd, which the AMWU sought to conduct. The AMWU, as a registered union, intended to ballot its members employed by Downer EDI regarding protected industrial action, a step that required compliance with specific provisions of the Fair Work Act 2009.

The central legal issues revolved around whether the AMWU had complied with the procedural requirements for a protected action ballot as mandated by the Fair Work Act. Specifically, the court had to determine whether the union had provided the employer with the necessary information and whether the employer had fulfilled its obligations to provide information to the union and its members. The court also had to consider whether the union's proposed ballot notice complied with the statutory requirements for content and timing.

The Fair Work Commission found that the AMWU had not complied with all the statutory requirements for a protected action ballot. The commission highlighted that the union had failed to provide the employer with all necessary information as required by the Act. Furthermore, the employer had not adequately responded to the union's requests for information. As a result, the commission ruled that the proposed ballot was not valid. The union's application for authorisation of the proposed protected action ballot was therefore dismissed.

In conclusion, the Fair Work Commission's decision underscores the importance of strict compliance with the legislative framework governing protected industrial action. The court's ruling serves as a reminder to both unions and employers of their respective obligations under the Fair Work Act. The AMWU's failure to meet the procedural requirements for the ballot led to the dismissal of their application, highlighting the need for meticulous adherence to the Act's provisions in such circumstances.

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