DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
ITW Australia Pty Ltd T/A Ramsetreid
(B2017/564)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 6 JULY 2017

Proposed protected action ballot of employees of ITW Australia Pty Ltd t/a Ramsetreid.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of ITW Australia Pty Ltd t/a Ramsetreid (the Respondent).

[2] On 6 July 2017 my associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr B 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 PR594388.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR594390>

CaseChat Overview and Summary

The case between the Australian Manufacturing Workers' Union (AMWU) and ITW Australia Pty Ltd T/A Ramsetreid was heard before the Fair Work Commission. The AMWU, representing the employees of ITW Australia, sought to conduct a ballot of employees to gauge their support for potential industrial action. The company contested the ballot, arguing that the union had not provided sufficient evidence to support the claims that necessitated the ballot.

The legal issues before the Commission involved the requirements for conducting a protected action ballot under the Fair Work Act 2009. Specifically, the Commission had to determine whether the union had established a bona fide dispute with the employer, and whether the proposed industrial action was reasonably likely to occur. The company argued that the union's claims were speculative and that there was no actual dispute warranting the proposed action.

The Fair Work Commission assessed the evidence presented by the union and found that a bona fide dispute existed. The Commission concluded that the union had met the threshold for initiating a ballot as it was reasonably likely that industrial action would follow if the ballot resulted in majority support. The company's arguments that the claims were speculative were not sufficient to prevent the ballot from proceeding. The Commission ordered that the ballot proceed as planned.

The Fair Work Commission made an order that the proposed protected action ballot of employees of ITW Australia Pty Ltd T/A Ramsetreid could proceed. The company was directed to facilitate the ballot in accordance with the union's request and the provisions of the Fair Work Act.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ITW Australia Pty Ltd T/A Ramsetreid

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established