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
(B2017/697)

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 D Vroland 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 PR595189.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Australian Manufacturing Workers' Union (AMWU) versus Keppel Prince Engineering Pty Ltd was before the Federal Court of Australia. The union had sought to conduct a protected action ballot among employees of the respondent, a company involved in engineering and construction services. The dispute centred on the union's request to hold a ballot, which the company opposed, citing concerns about potential disruption to its operations.

The primary legal issue before the court was whether the union's proposed ballot, aimed at gauging employee support for protected industrial action, could proceed under the Fair Work Act 2009. The court had to consider the requirements for protected action and the impact of such action on the company's operations. Specifically, it examined whether the union had fulfilled the procedural prerequisites and whether the ballot's timing and manner posed an unreasonable risk to the company's ability to function.

The court determined that the union had complied with the procedural requirements set out in the Fair Work Act, and that the proposed ballot did not present an unreasonable risk to the company's operations. The court found that the union had provided adequate information to the employees and that the ballot was necessary to ascertain employee support for potential protected action. The court also noted the company's ability to mitigate any potential disruptions through operational adjustments. Consequently, the union was granted permission to conduct the ballot.

The court's decision underscored the importance of following statutory procedures for protected action and the need for a balanced approach in considering the interests of both the union and the employer. The final orders of the court permitted the union to proceed with the ballot as planned, subject to the union providing the company with a copy of the ballot notice and any other materials related to the ballot at least five business days before the ballot was to be conducted.

"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