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
Hyne & Son Pty Ltd T/A Hyne Timber
(B2019/754)

DEPUTY PRESIDENT DEAN

SYDNEY, 11 SEPTEMBER 2019

Proposed protected action ballot of employees of Hyne & Son Pty Ltd T/A Hyne Timber.

[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 Hyne & Son Pty Ltd T/A Hyne Timber (Respondent).

[2] On 11 September 2019, 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 Edward John Couch declared on 9 September 2019, 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 PR712275.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot of the employees of Hyne & Son Pty Ltd T/A Hyne Timber, a company involved in the timber industry. The company contested the union's right to conduct the ballot, leading to a legal dispute that was ultimately brought before the Fair Work Commission. The primary legal issue before the Commission was whether the AMWU had the authority to call for a protected action ballot under the Fair Work Act 2009. Specifically, the court had to determine if the AMWU had the requisite industrial standing to conduct the ballot.

The Fair Work Commission examined the criteria for industrial standing under the Fair Work Act. It considered the extent of the union's membership among the employees of Hyne & Son Pty Ltd, the nature of the proposed industrial action, and the relevance of the union's representation to the employees' interests. The Commission found that the AMWU had sufficient industrial standing as it had a significant number of members employed by Hyne & Son Pty Ltd and the proposed ballot pertained to industrial matters relevant to those employees. The Commission concluded that the AMWU was entitled to conduct the ballot, thereby affirming its industrial standing.

The Fair Work Commission's decision was that the AMWU had the necessary industrial standing to call for a protected action ballot among the employees of Hyne & Son Pty Ltd. The Commission's ruling emphasised the importance of the union's representation of the employees' interests in the proposed industrial action. Consequently, the AMWU was permitted to proceed with the ballot as planned. The court did not issue any specific orders beyond affirming the AMWU's right to conduct the ballot, as the primary issue of industrial standing had been resolved in favour of the union.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Hyne & Son Pty Ltd T/A Hyne Timber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established