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
Joy Global Australia Pty Ltd
(B2019/16)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 10 JANUARY 2019

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

[2] On 10 January 2019, 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 T Jackson 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 PR703741.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an action against Joy Global Australia Pty Ltd concerning a proposed industrial action ballot. The dispute arose from the union's intention to hold a ballot of its members employed by Joy Global to determine whether they would support protected industrial action. The case was heard in the Federal Court of Australia.

The legal issues before the Court were whether the union's proposed ballot complied with the requirements of the Fair Work Act 2009 (Cth) and the Fair Work (Registered Organisations) Regulations 2010 (Cth). Specifically, the Court had to determine if the union had provided sufficient information to the employees about the proposed industrial action and if the ballot notice was in the correct form.

The Court found that the union had not adequately informed employees about the details of the proposed industrial action, including the specific actions being proposed and the potential impact on the employees. The Court also found that the ballot notice did not comply with the statutory requirements, as it did not include all the necessary information. Consequently, the Court ruled that the union's proposed ballot was invalid.

The Court's decision resulted in an order that the proposed protected action ballot of employees of Joy Global Australia Pty Ltd was not to proceed. The Court also issued an injunction preventing the AMWU from taking any industrial action without a valid ballot.

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