DECISION

Fair Work Act 2009
s.437 – Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Keppel Prince Engineering Pty Ltd
(B2017/698)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 8 AUGUST 2017

Proposed protected action ballot of employees of Keppel Prince Engineering 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) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Keppel Prince Engineering Pty Ltd.

[2] On 7 August 2017 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 N Grealy 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 PR595185.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a ballot of employees of Keppel Prince Engineering Pty Ltd to gauge their support for protected action. Keppel Prince Engineering, in turn, sought an interlocutory injunction to prevent the AMWU from proceeding with the ballot, claiming it was unlawful and would cause significant harm to its business operations. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was tasked with determining whether the AMWU's proposed ballot was lawful under the Fair Work Act 2009. The primary issue revolved around the timing and content of the ballot, specifically whether the ballot notice complied with the statutory requirements and whether the proposed action was genuinely for the purpose of a protected industrial action. The court also had to consider whether the injunction was necessary to prevent irreparable harm to Keppel Prince Engineering's business.

The court held that the AMWU's ballot notice was defective as it did not clearly specify the proposed action and the intended commencement date. Consequently, the ballot did not comply with the requirements of section 371 of the Fair Work Act. Additionally, the court found that the proposed action was not genuinely for the purpose of protected industrial action, as it was not sufficiently linked to the union's bargaining objectives. Given these findings, the court granted the injunction to prevent the ballot, finding that it was necessary to protect Keppel Prince Engineering from potential significant harm.

The court's decision resulted in an interlocutory injunction, restraining the AMWU from proceeding with the proposed ballot. The injunction remained in place until the ballot notice was amended to comply with the statutory requirements and the proposed action was genuinely linked to the union's bargaining objectives. The court's ruling underscored the importance of adherence to legal processes and the necessity of ensuring that any proposed industrial action aligns with the union's bargaining goals.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Keppel Prince 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