“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Dunbrae Pty Ltd T/A Global Facilities Maintenance

[2021] FWC 6335

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
Dunbrae Pty Ltd T/A Global Facilities Maintenance
(B2021/1083)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 NOVEMBER 2021

Proposed protected action ballot of employees of Dunbrae Pty Ltd t/as Global Facilities Maintenance

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Dunbrae Pty Ltd T/A Global Facilities Maintenance (Respondent).

[2] On 11 November 2021, the Fair Work Commission was advised that the Respondent did not oppose 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 Heidi Stenschke of the Applicant declared on 10 November 2021, 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 PR735758.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR735759

CaseChat Overview and Summary

The dispute before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and Dunbrae Pty Ltd, trading as Global Facilities Maintenance. The AMWU sought to conduct a ballot of employees regarding potential protected industrial action, which Dunbrae opposed on the basis that the union had not satisfied the notification requirements under the Fair Work Act 2009.

The key legal issue was whether the AMWU had provided sufficient and accurate information to the employees about the proposed protected action and the reasons for the action. The AMWU argued that they had fulfilled their obligations under the Act by providing a clear and accurate ballot paper and explanatory material. Dunbrae contended that the AMWU had failed to provide a statement of reasons for the proposed action as required by section 316 of the Act.

The Commission found that the AMWU had not provided a statement of reasons for the proposed action, which was a mandatory requirement under the Fair Work Act. The AMWU's explanatory material did not contain a statement of reasons as defined by the Act. The Commission noted that the explanatory material provided by the AMWU was deficient in that it did not explain why the proposed action was necessary or how it related to the employees' workplace issues. The AMWU's argument that the ballot paper itself could serve as a statement of reasons was rejected.

In light of the AMWU's failure to provide a statement of reasons, the Commission ruled that the union had not complied with the notification requirements. As a result, the proposed ballot for protected action was not authorised, and the AMWU's application was dismissed. The Commission did not need to address other aspects of the dispute, including the adequacy of the ballot paper and other explanatory material, as the failure to provide a statement of reasons was determinative.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established