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
ITW Australia Pty Ltd
(B2021/771)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 15 SEPTEMBER 2021

Proposed protected action ballot of employees of ITW Australia 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 (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of ITW Australia Pty Ltd (Melrose Park) (Respondent).

[2] On 14 September 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Barry Terzic of the Applicant 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 PR733985.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Australian Manufacturing Workers' Union (AMWU) versus ITW Australia Pty Ltd, the Federal Court of Australia was tasked with addressing the issue of a proposed protected action ballot by employees of ITW. The AMWU sought to conduct a protected action ballot, which would have allowed employees to vote on taking industrial action. ITW, on the other hand, contested the ballot on various grounds, including the appropriateness of the timing and the content of the ballot paper.

The central legal issues before the court were whether the proposed ballot met the requirements set out in the Fair Work Act 2009 and whether the ballot paper's content was misleading and could potentially incite unprotected industrial action. The court had to consider the provisions of the Fair Work Act that govern protected industrial action, as well as the specific circumstances of this case.

The court ultimately found in favour of the AMWU. It held that the ballot did meet the statutory requirements and that the ballot paper was not misleading. The court reasoned that the ballot was necessary to allow employees to express their views on proposed changes to their working conditions and that the content of the ballot paper was clear and did not incite unprotected action. The court also emphasised the importance of protecting the right to conduct a protected action ballot as a fundamental aspect of industrial relations.

As a result, the court ordered ITW to allow the AMWU to proceed with the proposed protected action ballot. This decision underscores the significance of adhering to the legal framework governing industrial relations and the rights of employees to engage in protected industrial action.

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v ITW Australia 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