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
IVE Employment Victoria Pty Ltd
(B2021/482)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 29 JUNE 2021

Proposed protected action ballot of employees of IVE Employment Victoria 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 IVE Employment Victoria Pty Ltd (Respondent).

[2] On 29 June 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 PR731153.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), also known as the Australian Manufacturing Workers' Union, and Ive Employment Victoria Pty Ltd. The AMWU sought to conduct a ballot among employees of Ive Employment Victoria Pty Ltd to ascertain their willingness to engage in protected industrial action. Ive Employment Victoria Pty Ltd contested the ballot, arguing that it was not necessary or appropriate given the circumstances. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The central legal issues before the Commission were whether the proposed ballot was a legitimate exercise of the AMWU's rights under the Fair Work Act 2009, and whether the requirements for such a ballot were properly satisfied. Specifically, the court had to determine if the union had provided sufficient evidence to justify the need for a ballot, including demonstrating that there were genuine issues for negotiation that had not been resolved through existing bargaining processes. Additionally, the court examined whether the union had complied with procedural requirements in proposing the ballot, including proper notice to the employer and affected employees.

The Commission found that the union had provided adequate evidence to justify the need for a ballot, as there were unresolved issues of significant importance to the employees, particularly concerning wages and conditions. The union had also complied with the procedural requirements, having given proper notice to the employer and the relevant employees. Consequently, the Commission ruled in favour of the AMWU, allowing the proposed ballot to proceed. The court emphasised the importance of the right to engage in protected action as a fundamental aspect of industrial relations and the need for procedural fairness in such processes.

The final orders of the Commission mandated that the AMWU could proceed with the proposed ballot among the employees of Ive Employment Victoria Pty Ltd. The employer was directed to provide the necessary information to the union to facilitate the ballot and to ensure that employees were informed of their rights and the process. The Commission’s decision reinforced the importance of fair industrial practices and the role of the tribunal in upholding the rights of both employers and employees in industrial disputes.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Ive Employment Victoria 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