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 t/as Komatsu Mining Corporation
(B2021/931)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 SEPTEMBER 2021

Proposed protected action ballot of employees of Joy Global Australia Pty Ltd t/as Komatsu Mining Corporation

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Joy Global Australia Pty Ltd t/as Komatsu Mining Corporation (Respondent).

[2] On 30 September 2021, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of John Stewart of the Applicant declared on 29 September 2021, 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 PR734454.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers' Union (AMWU) against Joy Global Australia Pty Ltd trading as Komatsu Mining Corporation, the Fair Work Commission was tasked with determining whether a proposed ballot of employees for protected industrial action was lawful. The AMWU sought to conduct a protected action ballot among its members, who were employees of Joy Global Australia, to authorise potential industrial action. The dispute centred on whether the proposed ballot complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the ballot notice provided by the AMWU to its members was sufficiently clear and precise. The Commission needed to assess if the notice complied with the statutory provisions regarding the timing, content, and manner of the proposed protected action ballot. Specifically, the Commission examined whether the notice adequately informed employees about the proposed action, including the nature of the action, the period it would cover, and the specific workplace affected.

The Fair Work Commission concluded that the AMWU's ballot notice was not sufficiently clear and precise as required by the Act. The notice failed to adequately specify the nature and scope of the proposed industrial action, as well as the precise workplace affected. Consequently, the Commission determined that the ballot was not valid and dismissed the application. The Commission emphasised the importance of clear and precise communication to ensure that employees are fully informed about the potential consequences of participating in industrial action.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Joy Global Australia Pty Ltd t/as Komatsu Mining Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established