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

Case [2025] FWC 2850

s.604 - Appeal of decisions - Appeal by Raghib v Stantec Australia Pty Ltd - [2025] FWCFB 218 - 24 September 2025 - Colman DP, Slevin DP and Crawford C

s.604 - Appeal of decisions - Appeal by Degendorfer v Australian Skin Clinics Knox Pty Ltd - [2025] FWCFB 217 - 24 September 2025 - Colman DP, Grayson DP and Sloan C

s.604 - Appeal of decisions - Appeal by De Graaff v Uconnex Pty Ltd - [2025] FWCFB 216 - 24 September 2025 - Colman DP, Grayson DP and Sloan C

s.604 - Appeal of decisions - Appeal by Kaur v Western Health - [2025] FWCFB 215 - 24 September 2025 - Colman DP, Slevin DP and Crawford C

s.394 - Application for unfair dismissal remedy - Ahmed v Uber Australia Pty Ltd - [2025] FWC 2845 - 24 September 2025 - Slevin DP

s.318 - Application for an order relating to instruments covering new employer and transferring employees - Cement Australia Pty Limited Trading AS Cement Australia - [2025] FWC 2825 - 24 September 2025 - Fox C

s.773 - Application to deal with an unlawful termination dispute - Hamdi v Special Broadcasting Service Corporation - [2025] FWC 2832 - 24 September 2025 - Dean DP

s.394 - Application for unfair dismissal remedy - Hammer v Yooralla - [2025] FWC 2682 - 24 September 2025 - Fox C

s.394 - Application for unfair dismissal remedy - Jonaidi v Great Community Transport Incorporated - [2025] FWC 2831 - 24 September 2025 - Slevin DP

s.365 - Application to deal with contraventions involving dismissal - Peymani v Posh N Polished Pty Ltd - [2025] FWC 2833 - 24 September 2025 - Tran C

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot - United Workers' Union (108V) v MSS Security Pty Ltd - [2025] FWC 2843 - 24 September 2025 - Wright DP

s.437 - Application for a protected action ballot order - United Workers' Union (108V) v GrainCorp Operations Limited - [2025] FWC 2839 - 24 September 2025 - Wright DP

s.739 - Application to deal with a dispute - Construction, Forestry and Maritime Employees Union (105N) v DP World Brisbane Pty Ltd - [2025] FWC 2150 - 23 September 2025 - Lake DP

s.365 - General protections - De Villiers v Offenders Exposed Pty Ltd - [2025] FWC 2830 - 23 September 2025 - Hunt C

s.365 - General protections - Mason v The Ubeeco Group Pty. Limited - [2025] FWC 2841 - 23 September 2025 - Lake DP

s.306E - Application for a regulated labour hire arrangement order - Mining and Energy Union (301V) re Ravensworth Coal - [2025] FWC 2840 - 23 September 2025 - Gibian VP

s.394 - Application for unfair dismissal remedy - Solomos v Anz Banking Group Ltd - [2025] FWC 2838 - 23 September 2025 - Masson DP

s.789FC - Application for an order to stop bullying - Young - [2025] FWC 2834 - 23 September 2025 - McKinnon C

Details
AGLC
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v InfraBuild Wire Pty Limited [2025] FWC 2850
Case
[2025] FWC 2850
Decision Date

CaseChat Overview and Summary

The case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), versus InfraBuild Wire Pty Limited was heard by the Fair Work Commission. The dispute revolves around the application for a protected action ballot order by the AMWU on behalf of its members, who are employed by InfraBuild Wire Pty Limited. The AMWU sought to authorize protected industrial action due to a breakdown in enterprise agreement negotiations.

The primary legal issues addressed by the Fair Work Commission involved whether the AMWU had satisfied the statutory requirements to seek a protected action ballot. This included assessing if the AMWU had demonstrated that it had genuinely sought to negotiate in good faith, and whether there were reasonable grounds to believe that the employees' workplace rights, conditions, or entitlements would be adversely affected if the industrial action proceeded. Additionally, the Commission needed to determine if the proposed industrial action was appropriate and proportionate to the dispute at hand.

In delivering its decision, the Fair Work Commission examined the evidence provided by both parties. The Commission found that the AMWU had indeed made genuine efforts to negotiate with InfraBuild Wire Pty Limited and that there were reasonable grounds to believe that the employees' conditions would be adversely affected if the industrial action went ahead. The proposed action was considered appropriate and proportionate to the nature of the dispute. Consequently, the Commission authorised the AMWU to conduct a protected action ballot among its members employed by InfraBuild Wire Pty Limited.

The Fair Work Commission authorised the AMWU to proceed with a protected action ballot among its members employed by InfraBuild Wire Pty Limited, thereby granting the union's application.

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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