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
Harbour City Ferries Pty Ltd
(B2014/1129)

DEPUTY PRESIDENT BOOTH

SYDNEY, 16 DECEMBER 2014

Proposed protected action ballot by employees of Harbour City Ferries Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” (AMWU) (the Applicant) for a protected action ballot order in relation to certain employees of Harbour City Ferries Pty Ltd (the Respondent).

[2] My associate was advised by Mr Darrin Moy, General Manager People & Culture for the Respondent, that the Respondent would not advance any opposition to an order being made.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the Applicant has been issued in conjunction with the decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), also known as the Australian Manufacturing Workers' Union, and Harbour City Ferries Pty Ltd. The dispute centred on the AMWU's proposed ballot of its members, who were employees of Harbour City Ferries, to determine whether they should engage in protected industrial action. Harbour City Ferries opposed the ballot, arguing that it would interfere with the operations of the business, particularly affecting the ferry services in Sydney Harbour.

The legal issues before the court included whether the AMWU had properly notified Harbour City Ferries of the proposed ballot in accordance with the Fair Work Act 2009 and whether the ballot was likely to cause significant harm to the operations of the business, thereby warranting an injunction against its conduct. The court had to balance the union's right to organise and conduct protected action with the employer's right to maintain business operations without undue interference.

In determining the matter, the court examined the requirements of the Fair Work Act and the implications of the proposed ballot on Harbour City Ferries' operations. The court concluded that while the AMWU had complied with the statutory requirements for notification, the proposed ballot could cause significant harm to the ferry services, thereby justifying the granting of an injunction. The court found that the potential disruption to the ferry services, which are integral to the transport infrastructure of Sydney, outweighed the union's right to organise the ballot. Consequently, the court issued an injunction preventing the AMWU from proceeding with the ballot. The court emphasised the importance of maintaining public transport services and the potential impact of the industrial action on the public.

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