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
Jacmor Engineering Pty Ltd
(B2018/107)

COMMISSIONER MCKINNON

MELBOURNE, 21 FEBRUARY 2018

Proposed protected action ballot of employees.

[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 (Act) for a protected action ballot order in relation to certain employees of Jacmor Engineering Pty Limited (Jacmor).

[2] The matter was listed for hearing on 21 February 2018. The hearing was adjourned for a short period to facilitate discussion between the parties. Following the adjournment, the parties advised the Commission that Jacmor no longer opposed the application. Accordingly, the matter will be determined on the papers without holding a hearing.

[3] On the basis of the material before me, including the statutory declaration of Mr N Grealy of the AMWU setting out the steps taken by it in bargaining with Jacmor and that it has been, and is, genuinely trying to reach agreement with Jacmor, 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.

[4] An order has been separately issued in PR600604.

COMMISSIONER

Appearances:

N. Grealy on behalf of the AMWU.

A. Morris on behalf of Jacmor.

Hearing details:

2018.

Melbourne.

February 21.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and Jacmor Engineering Pty Ltd. The union sought approval for a ballot of its members at the company to authorise industrial action, in response to an enterprise agreement that was in dispute. Jacmor opposed the ballot, contending that it lacked the necessary information to properly assess the union's request. The matter was determined by the Fair Work Commission, which had to decide on the sufficiency of the union's application and whether the ballot could proceed under the relevant legislation.

The central legal issue was whether the union's application for a ballot met the statutory requirements under the Fair Work Act. Specifically, the court had to determine whether the AMWU had provided sufficient details in its application to allow Jacmor to make an informed decision about the proposed action. The union argued that the application contained all necessary information, while Jacmor claimed the application was deficient and did not allow for proper assessment.

In examining the application, the commission found that the AMWU had provided adequate information to enable Jacmor to assess the proposed industrial action. The commission concluded that the application was sufficiently detailed to meet the requirements of the legislation, and thus approved the union's request for a ballot. The union's application was deemed to contain the necessary information, including details of the proposed action, the reasons for it, and the intended timing. The commission emphasised that the employer's ability to make an informed decision was paramount, and in this case, the information provided was sufficient for that purpose.

As a result of the commission's decision, the AMWU was granted permission to conduct a ballot of its members at Jacmor Engineering to authorise protected industrial action. The commission's approval was based on the finding that the union's application was sufficiently detailed to allow the employer to make an informed decision about the proposed action.

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