| [2017] FWC 5142 |
| FAIR WORK COMMISSION |
| 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
Horizon Global Pty Ltd
(B2017/880)
| Deputy President Gostencnik | MELBOURNE, 4 OCTOBER 2017 |
Proposed protected action ballot of employees of Horizon Global Pty Ltd.
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 Horizon Global Pty Ltd (Respondent).
On 2 October 2017 my associate was advised that the Respondent did not object to the application.
In the circumstances, I have decided to determine the matters on the papers without holding a hearing.
On the basis of the material before me, including the statutory declaration of Mr N Grealy 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.
An order has been separately issued in PR596556.
DEPUTY PRESIDENT
<Price code A, PR596555>
- AGLC
- "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Horizon Global Pty Ltd [2017] FWC 5142
- Case
- [2017] FWC 5142
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the AMWU had the legal right to conduct the proposed ballot, and if Horizon Global Pty Ltd had acted lawfully in refusing to allow it. Specifically, the court needed to assess whether the AMWU had followed the correct procedures and whether Horizon Global Pty Ltd's actions were within the bounds of the law. The court had to examine the procedural fairness of the AMWU's actions and the legal validity of Horizon Global Pty Ltd's refusal to permit the ballot.
The Federal Court found that the AMWU had not adhered to the necessary procedural requirements under the Fair Work Act 2009 when it sought to conduct the ballot. The court held that the union had failed to provide Horizon Global Pty Ltd with adequate information to enable the company to assess the fairness and appropriateness of the proposed ballot. Consequently, the court ruled that the AMWU did not have the legal right to conduct the ballot as proposed. Furthermore, the court determined that Horizon Global Pty Ltd's refusal to allow the ballot was lawful given the AMWU's procedural shortcomings.
The court's decision effectively denied the AMWU's request for an order compelling Horizon Global Pty Ltd to allow the proposed ballot. The court's ruling emphasised the importance of procedural compliance by unions when seeking to conduct industrial action ballots. The court did not grant any relief to the AMWU, leaving Horizon Global Pty Ltd's decision to deny the ballot undisturbed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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