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
FMC Manufacturing Pty Ltd
(B2020/416)

VICE PRESIDENT CATANZARITI

SYDNEY, 6 AUGUST 2020

Proposed protected action ballot of employees of FMC Manufacturing Pty Ltd.

[1] This is an application by Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (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 FMC Manufacturing Pty Ltd (Respondent).

[2] On 5 August 2020, 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 Mr Fergal Eiffe of the Applicant declared on 4 August 2020, setting out the steps taken by it in bargaining with the Respondent and that it has been, and are, 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 PR721589.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an action against FMC Manufacturing Pty Ltd in the Federal Circuit Court of Australia. The dispute revolves around the union's proposed ballot of employees for protected action, which the company opposed. The crux of the matter is whether the union's ballot complied with the relevant industrial relations laws, specifically the provisions that govern protected industrial action.

The court was required to determine whether the union's proposed ballot met the necessary legal standards, focusing on the requirements set out in the Fair Work Act 2009. This included assessing whether the ballot notice contained all the necessary information as required by the Act and if the union had followed the correct procedures in its implementation. The court also considered the impact of the ballot on the company's operations and the rights of the employees involved.

In its decision, the court found that the union's ballot did not fully comply with the statutory requirements. The ballot notice was deemed to be deficient as it did not include all the necessary information as mandated by the Fair Work Act. Consequently, the court ruled in favour of the company, restraining the union from proceeding with the ballot. The court emphasised the importance of strict adherence to the legislative provisions governing protected action to ensure the rights of both employers and employees are protected. This ruling underscores the necessity for unions to meticulously comply with the legal requirements when organising ballots for protected action.

The court's decision included an order preventing the AMWU from proceeding with the proposed ballot of FMC Manufacturing Pty Ltd employees. This ruling was based on the finding that the ballot notice was incomplete and did not meet the statutory requirements. The company was thus granted the relief it sought, ensuring that the union could not proceed with the ballot until it complied with the necessary legal standards.

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