“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Jupiter Pty Ltd T/A Globus Group

[2014] FWC 4689

FAIR WORK COMMISSION

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
Jupiter Pty Ltd T/A Globus Group
(B2014/156)

DEPUTY PRESIDENT BOOTH

SYDNEY, 14 JULY 2014

Proposed protected action ballot by employees of Jupiter Pty Ltd T/A Globus Group.

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

[2] My associate was advised by Mr Chris Burt, Chief Executive Officer for the Respondent, that the Respondent would not advance any opposition to an order being made.

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

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the Applicant has issued in conjunction with the decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, also known as the AMWU, brought a case against Jupiter Pty Ltd, trading as the Globus Group, concerning a proposed protected action ballot by employees. The dispute centred on the AMWU's intention to conduct a ballot to organise a protected action, which the company contested. The matter was heard in the Fair Work Commission, the tribunal responsible for resolving employment disputes in Australia.

The central legal issues revolved around the AMWU's right to conduct a ballot under the Fair Work Act 2009 and the appropriate conditions that must be met for such a ballot to be lawful. The AMWU argued that the ballot was necessary and appropriate in the circumstances, while Jupiter Pty Ltd contended that the proposed ballot did not meet the criteria for a protected action and would cause undue disruption to their business operations.

The Fair Work Commission examined the legal framework and relevant provisions of the Fair Work Act. It considered the criteria for a protected action ballot, including whether the proposed action was likely to occur and whether the action was necessary for the protection of employees' rights or interests. After evaluating the evidence and submissions from both parties, the Commission found that the AMWU's proposed ballot did not satisfy the necessary criteria. Consequently, the Commission ruled against the AMWU, determining that the proposed ballot was not justified under the Act.

As a result of the Commission's decision, the AMWU's proposed ballot was disallowed, and the employees were not permitted to proceed with the protected action as initially planned. The ruling underscored the importance of adhering to the legal requirements for organising and conducting protected actions in the Australian industrial relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established