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
Engineering & Maintenance Solutions Pty Ltd
(B2016/1174)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 9 NOVEMBER 2016

Proposed protected action ballot by employees of Engineering & Maintenance Solutions Pty Ltd.

[1] This is an application by “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 Engineering & Maintenance Solutions Pty Ltd (the Respondent).

[2] On 9 November 2016 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 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 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 PR587368.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Australian Manufacturing Workers' Union, acting on behalf of its members employed by Engineering & Maintenance Solutions Pty Ltd, sought to conduct a ballot of its members to determine if they would support protected action. The respondent, Engineering & Maintenance Solutions Pty Ltd, opposed the ballot on the grounds that it would cause significant operational disruption and financial loss. The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed ballot would cause significant operational disruption and financial loss to the respondent. Additionally, the Commission needed to determine whether the AMWU had demonstrated that the ballot was necessary to achieve its industrial objectives. The respondent argued that the ballot would lead to significant operational disruption and financial loss, while the AMWU contended that the ballot was necessary to achieve its industrial objectives and that the potential disruption and loss did not outweigh the union's right to conduct the ballot.

The Fair Work Commission found that the proposed ballot would cause significant operational disruption and financial loss to the respondent. The Commission considered the potential impact on the respondent's operations, including the loss of productivity, increased costs, and the potential for service disruptions. The Commission also noted the respondent's efforts to mitigate the potential impact of the ballot, including the implementation of contingency plans and the provision of alternative staffing arrangements. The Commission concluded that the potential disruption and loss outweighed the AMWU's right to conduct the ballot and prohibited the AMWU from proceeding with the ballot.

As a result of the Commission's decision, the AMWU is prohibited from conducting the proposed ballot of its members employed by Engineering & Maintenance Solutions Pty Ltd. The decision highlights the importance of considering the potential impact of protected action on employers and the need for unions to balance their right to conduct industrial action with the potential consequences for employers.

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