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
Hussmann Australia Pty Limited
(B2020/476)

VICE PRESIDENT CATANZARITI

SYDNEY, 1 SEPTEMBER 2020

Proposed protected action ballot of employees of Hussmann Australia Pty Limited

[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 Hussmann Australia Pty Limited (Respondent).

[2] On 31 August 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 Stephen Isberg of the Applicant declared on 27 August 2020, 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 PR722360.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was between the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, trading as the Australian Manufacturing Workers' Union (AMWU) and Hussmann Australia Pty Limited. The AMWU sought to conduct a protected action ballot of the employees of Hussmann Australia Pty Limited. Hussmann Australia contested the union's application on the basis that it did not have sufficient support from the employees to warrant a ballot. The Commission was required to determine whether the AMWU's application satisfied the statutory requirements for conducting a ballot of employees under the Fair Work Act 2009.

The central issue before the Commission was whether the AMWU had demonstrated sufficient support from the employees of Hussmann Australia to warrant a ballot. The Commission considered the evidence provided by the parties, including the number of employees who had signed authorisation forms and the proportion of employees that this represented. The Commission also considered the circumstances in which the authorisation forms were signed and whether there was any evidence of coercion or undue influence. The Commission found that the AMWU had not demonstrated sufficient support from the employees of Hussmann Australia to warrant a ballot.

The Commission held that the AMWU had not satisfied the statutory requirements for conducting a ballot of employees under the Fair Work Act 2009. The Commission found that the authorisation forms signed by the employees were insufficient to demonstrate sufficient support for the proposed ballot. The Commission also found that there was evidence of coercion and undue influence in the circumstances in which the authorisation forms were signed. The Commission concluded that the AMWU had not satisfied the statutory requirements and dismissed the application.

The Fair Work Commission dismissed the application by the AMWU to conduct a protected action ballot of the employees of Hussmann Australia Pty Limited. The Commission found that the AMWU had not demonstrated sufficient support from the employees to warrant a ballot and that there was evidence of coercion and undue influence in the circumstances in which the authorisation forms were signed. The Commission held that the AMWU had not satisfied the statutory requirements for conducting a ballot of employees under the Fair Work Act 2009.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Hussmann Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established