"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 4980

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
(B2013/184)

SENIOR DEPUTY PRESIDENT HARRISON

SYDNEY, 23 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 [PR539283] 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

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot of employees of Fletcher International Exports Pty Ltd. The dispute arose when the union wanted to organise a ballot to determine whether the employees wished to engage in protected industrial action. Fletcher International Exports Pty Ltd opposed the ballot on various grounds, leading to a legal contest over the union's right to proceed with the ballot. The matter was heard in the Fair Work Commission, which was tasked with determining the legality and appropriateness of the proposed ballot.

The primary legal issue before the Commission was whether the union had provided sufficient information to the employees to enable them to make an informed decision about participating in the ballot. The employer argued that the union's ballot notice was inadequate because it did not clearly outline the specific industrial action being proposed and its potential impact on the employees and the business. The employer also contended that the ballot notice did not comply with the statutory requirements under the Fair Work Act 2009.

The Commission examined the content of the ballot notice and the information provided to the employees. It found that the notice sufficiently informed the employees of the proposed action, including the nature of the potential industrial action and its implications. The Commission also considered the employer's arguments regarding compliance with the statutory requirements and determined that the union had met the necessary standards. Consequently, the Commission ruled in favour of the union, allowing the ballot to proceed. The employer's application to prevent the ballot was dismissed.

The Fair Work Commission ordered that the AMWU could proceed with the protected action ballot of the employees of Fletcher International Exports Pty Ltd. The employer was directed to facilitate the union's efforts to inform the employees and conduct the ballot. The employer was also required to provide the necessary resources and assistance to ensure that the ballot could be carried out effectively and without interference. The decision reinforced the importance of ensuring that employees are provided with adequate information to make informed decisions about participating in industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established