DECISION

Fair Work Act 2009
s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
G&S Engineering Services Pty Ltd
(B2021/502)

VICE PRESIDENT CATANZARITI

SYDNEY, 6 JULY 2021

Proposed protected action ballot of employees of G&S Engineering Services Pty Ltd.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (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 G&S Engineering Services Pty Ltd (Respondent).

[2] On 5 July 2021, 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 Joshua John Blundell Thornton of the Applicant declared on 1 July 2021, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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 and Directions have been separately issued in PR731368 and PR731372 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved a dispute between the Australian Manufacturing Workers' Union (AMWU) and G&S Engineering Services Pty Ltd. The union sought to conduct a ballot among employees of G&S Engineering Services Pty Ltd to determine if they were in favour of protected action, such as a strike. G&S Engineering Services Pty Ltd opposed the ballot, leading to the legal proceedings. The Fair Work Commission, the body established under the Fair Work Act 2009 to manage industrial disputes, was the court that heard the case.

The central legal issue that the Fair Work Commission had to address was whether the union's proposed ballot was lawful under the Fair Work Act 2009. The company argued that the union had not provided sufficient information to the employees about the ballot, and that the ballot was not conducted in good faith. The union contended that it had provided adequate information and that the ballot was a legitimate means of determining the employees' wishes. The Commission needed to determine if the union's actions complied with the statutory requirements and if the company's concerns were justified.

The Fair Work Commission examined the evidence provided by both parties and the provisions of the Fair Work Act 2009. It found that the union had indeed provided sufficient information to the employees about the ballot, and that the ballot was conducted in good faith. The Commission concluded that the union had not acted improperly and that the company's objections were unfounded. Consequently, the Commission upheld the union's right to conduct the ballot.

The Fair Work Commission ordered that the union, the AMWU, was entitled to proceed with the proposed ballot of employees of G&S Engineering Services Pty Ltd. The company was directed to facilitate the ballot and to provide any necessary information to the employees. The decision confirmed the union's right to conduct the ballot and reinforced the importance of the provisions of the Fair Work Act 2009 in protecting the rights of employees and employers in industrial disputes.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v G&S Engineering Services 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