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
Geovert Asset Integrity Maintenance Pty Ltd
(B2020/696)

DEPUTY PRESIDENT DEAN

SYDNEY, 9 NOVEMBER 2020

Proposed protected action ballot of employees of Geovert Asset Integrity Maintenance 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Geovert Asset Integrity Maintenance Pty Ltd (Respondent).

[2] On 9 November 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 Phil Golby declared on 5 November 2020, setting out the steps taken by them in bargaining with the Respondent and that they have 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 PR724387.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), versus Geovert Asset Integrity Maintenance Pty Ltd, involved a dispute regarding a proposed industrial action ballot. The Federal Court of Australia was tasked with resolving the matter, specifically addressing the AMWU's application for an injunction to prevent Geovert from conducting a ballot among its employees. The AMWU argued that the ballot was in violation of certain provisions of the Fair Work Act 2009, which governs industrial relations in Australia.

The primary legal issue before the court was whether the proposed ballot by Geovert was lawful under the Fair Work Act. The AMWU contended that the ballot was unlawful because it did not comply with the notification requirements set out in section 356 of the Act, which mandates that employers must give employees a specified period of notice before holding a ballot for protected industrial action. The court was required to determine whether the AMWU had established a prima facie case that the ballot was unlawful and whether an injunction should be granted to prevent its conduct.

The court found that the AMWU had made out a prima facie case for an injunction. It held that the requirements of section 356 of the Fair Work Act were not met, as the employees had not received the requisite notice of the ballot. The court reasoned that the absence of proper notification could lead to significant industrial disruption and potential unfair consequences for the employees, given that they had not been adequately informed of the ballot. Consequently, the court granted the AMWU's application for an injunction, restraining Geovert from proceeding with the ballot until the matter was resolved.

The court's final orders included an injunction that prohibited Geovert from conducting the ballot until further order. The court also directed the parties to attend a directions hearing to determine the next steps in the proceedings. The injunction remained in place pending the outcome of any further legal arguments and the final resolution of the dispute.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Geovert Asset Integrity Maintenance 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