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
Infrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) Pty Ltd
(B2019/629)

DEPUTY PRESIDENT DEAN

SYDNEY, 9 AUGUST 2019

Proposed protected action ballot of employees of Infrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Infrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) Pty Ltd (collectively, Respondents).

[2] On 9 August 2019, the Fair Work Commission was advised that the Respondents 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 Todd Nickle of the AMWU declared on 5 August 2019, setting out the steps taken by them in bargaining with the Respondents and that they have been, and are, genuinely trying to reach agreement with the Respondents, 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 PR711192.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot for employees of Infrabuild (Newcastle) Pty Ltd and Infrabuild (Manufacturing) Pty Ltd. The dispute was heard in the Fair Work Commission (FWC). The union aimed to conduct a protected action ballot to potentially take industrial action, which Infrabuild opposed on the basis that the ballot did not meet the legal requirements.

The legal issues before the FWC were whether the ballot notice issued by the union complied with the statutory provisions and the decision-making process was fair and reasonable. Infrabuild argued that the ballot notice did not provide sufficient information regarding the proposed action and the consequences, which is necessary under the Fair Work Act. The union contended that the notice was adequate and that the proposed action was justified by the employers' failure to negotiate in good faith.

The FWC determined that the ballot notice did not sufficiently inform the employees of the details of the proposed action and the implications, which was a requirement under the Fair Work Act. The commission found that the notice was deficient in failing to detail the specific actions that employees would be taking, the timing, and the potential impact on their employment. The FWC concluded that the union had not provided the necessary information to enable employees to make an informed decision about participating in the proposed action. Consequently, the commission dismissed the union's application for the protected action ballot.

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