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
Heat and Control Pty. Ltd.
(B2017/924)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 6 OCTOBER 2017

Proposed protected action ballot of employees of Heat and Control 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 (Act) for a protected action ballot order in relation to certain employees of Heat and Control Pty. Ltd. (Respondent).

[2] On 6 October 2017 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 J Blundell-Thornton of the Applicant 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 has been separately issued in PR596616.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of the employees of Heat and Control Pty. Ltd., sought a declaration that the proposed industrial action by the employees was protected action. The dispute arose from a proposed protected action ballot that the union wished to conduct among the employees. Heat and Control Pty. Ltd. opposed the ballot, arguing that it was not in accordance with the applicable industrial laws. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue before the Commission was whether the proposed industrial action ballot complied with the relevant provisions of the Fair Work Act 2009. The key points of contention were whether the ballot notice provided sufficient information to the employees and whether the ballot was conducted in a manner that was fair and did not unfairly coerce or influence the employees. The Commission had to consider the statutory requirements for protected action ballots and whether these had been met by the union.

The Commission found that the ballot notice provided to the employees contained all the necessary information as required by the Act. The notice was clear, concise and provided the employees with all the details necessary to make an informed decision about participating in the ballot. The Commission also found that the manner in which the ballot was conducted was fair and did not unfairly coerce or influence the employees. Therefore, the Commission concluded that the proposed industrial action ballot complied with the statutory requirements and was valid. The Commission made a declaration that the proposed industrial action ballot of the employees of Heat and Control Pty. Ltd. was protected action.

No further orders were made by the Commission.

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