[2016] FWC 3429

The attached document replaces the document previously issued with the above code on 26 May 2016.

This is to correct the employer’s name. The employer’s name should read Fluor Global Services Australia Pty Ltd.

Suzie Kairouz

Associate to Deputy President Gostencnik

30 May 2016.

[2016] FWC 3429

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
Fluor Global Services Australia Pty Ltd
(B2016/114)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 MAY 2016

Proposed protected action ballot of employees of Fluor Global Services Australia 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 Fluor Global Services Australia Pty Ltd (the Respondent).

[2] On 26 May 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 PR580877.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers' Union (AMWU) against Fluor Global Services Australia Pty Ltd, the Fair Work Commission was tasked with determining whether the union could proceed with a ballot of its members regarding potential industrial action. The AMWU sought to conduct a protected action ballot to allow its members, who were employees of Fluor Global Services Australia Pty Ltd, to vote on taking protected action. The legal issues before the Commission included whether the union's proposed ballot complied with the necessary legislative and procedural requirements under the Fair Work Act 2009 (Cth), and whether the union had provided sufficient information to the employees to make an informed decision on the proposed action.

The Fair Work Commission examined the procedural fairness and the content of the union's proposed ballot notice. It assessed whether the notice was clear and concise, and whether it contained all the necessary information required by the Act, including the nature of the proposed action, the reasons for the action, and the potential consequences. The Commission also considered whether the union had taken steps to ensure that the employees had the opportunity to be adequately informed and consulted about the proposed action. In its decision, the Commission found that the union's proposed ballot notice did not sufficiently inform the employees of the potential consequences of the proposed action, and as such, did not comply with the statutory requirements. Consequently, the Commission ruled that the union could not proceed with the ballot as proposed.

The Fair Work Commission's decision was grounded in its interpretation of the statutory obligations under the Fair Work Act 2009 (Cth) and the importance of procedural fairness in industrial relations. The Commission held that it was imperative for employees to be provided with comprehensive information to make an informed decision about participating in industrial action. By not providing adequate information about the potential consequences of the proposed action, the union failed to meet its obligations. The outcome of the case underscores the necessity for unions to ensure that their ballot notices are both compliant with the legislative requirements and informative enough for employees to make informed decisions.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Fluor Global Services Australia 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