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

[2013] FWC 5167

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
Fletcher International Exports Pty Ltd
(B2013/190)

SENIOR DEPUTY PRESIDENT HARRISON

SYDNEY, 30 JULY 2013

Proposed protected action ballot by employees of Fletcher International Exports Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU). The AMWU seeks a protected action ballot order in relation to certain employees of Fletcher International Exports Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. I have received, and rely upon a witness statement of Mr Geoff Wallace, an AMWU industrial officer, providing information about matters relevant to s.443 of the Act.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR539527] based on the draft order provided by the AMWU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) versus Fletcher International Exports Pty Ltd, the dispute arose in the Federal Court of Australia. The AMWU, as the representative of employees, sought to conduct a protected action ballot amongst its members employed by Fletcher International Exports Pty Ltd. The company contested the ballot on the basis that the union had failed to provide the requisite information about the proposed action. The union argued that it had fulfilled its obligations under the Fair Work Act 2009.

The court was required to determine whether the AMWU had adequately informed the employees about the proposed industrial action. Specifically, it needed to examine whether the union had provided all the necessary details regarding the action, as required by section 351 of the Fair Work Act. The court's task was to interpret the statutory obligations and assess if the union's communications to the employees were sufficient to comply with those obligations. The resolution hinged on the interpretation of what constituted adequate information to employees for a ballot on protected action.

The court found that the union had not provided all the necessary information required by the Fair Work Act. It ruled that the union's communications did not include all the statutory information, which included details about the proposed action and its potential effects. The court emphasised the importance of ensuring that employees were fully informed before participating in a protected action ballot. Consequently, the court dismissed the union's application to conduct the ballot.

The final orders of the court were that the AMWU's application to hold a protected action ballot was dismissed. The union was directed to provide the employees with the requisite information before any further action could be taken. The court's decision underscored the need for compliance with the statutory requirements when organising industrial action, ensuring that employees are fully informed about the nature and implications of any proposed protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established