“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Impact Fertilisers Pty Ltd Summary

[2013] FWC 1545

FAIR WORK COMMISSION

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
Impact Fertilisers Pty Ltd
(B2013/694)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 MARCH 2013

Proposed protected action ballot by employees of Impact Fertilisers Pty Ltd .

[1] This is an application for a protected action ballot of members of “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) employed by Impact Fertilises Pty Ltd (Impact Fertilisers).

[2] Mr Jason Torregrossa, HR Manager for Impact Fertilisers, advised my chambers by email on 8 March 2013 that the company does not oppose this application in this matter.

[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 Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that a proposed industrial action ballot by employees of Impact Fertilisers Pty Ltd would be protected. Impact Fertilisers opposed the application, arguing that the ballot related to issues that were not directly connected to the employees' employment. The Federal Court of Australia was tasked with determining the validity of the proposed protected action ballot.

The central legal issue before the court was whether the proposed industrial action was directly connected to the employees' employment and thus protected under section 35 of the Fair Work Act 2009 (Cth). Impact Fertilisers contended that the industrial action was not directly connected to employment, as it was related to the broader national pay and conditions of employees, which they argued were not matters of direct connection. The AMWU, on the other hand, asserted that the proposed industrial action was directly connected to the employees' employment, as it related to the employees' terms and conditions of employment.

The court found that the proposed industrial action was directly connected to the employees' employment. The court held that the dispute was not only about the national pay and conditions of employees but also about the implementation of those conditions at Impact Fertilisers. The court reasoned that the dispute related to how the employees' terms and conditions of employment were applied and enforced within the company, which was a matter of direct connection. Consequently, the court declared that the proposed industrial action ballot by the employees of Impact Fertilisers Pty Ltd would be protected.

The court's decision was that the proposed industrial action ballot was protected, and Impact Fertilisers was ordered to facilitate the conduct of the ballot as per the union's request. The court's ruling ensured that the employees could proceed with their proposed industrial action under the protection of the Fair Work Act.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Impact Fertilisers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established