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
Klondu Group Pty Limited
(B2021/1164)

VICE PRESIDENT CATANZARITI

SYDNEY, 26 NOVEMBER 2021

Proposed protected action ballot of employees of Klondu Group Pty Limited

[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 Klondu Group Pty Limited (Respondent).

[2] On 23 November 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 Gavin Bubb of the Applicant declared on 22 November 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 PR736224.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers' Union (AMWU) v Klondu Group Pty Limited, the dispute centred around the employees' proposed ballot for protected industrial action. The Fair Work Commission (FWC) was the forum for resolving this matter. The union sought to conduct a ballot among the employees of Klondu Group to ascertain their support for potential industrial action. However, Klondu Group contested the ballot, arguing that the union did not provide sufficient information to the employees to enable an informed decision on the proposed action. The key legal issues before the FWC were whether the union had adequately informed the employees about the reasons for the proposed action and whether the ballot was conducted in accordance with the relevant provisions of the Fair Work Act.

The FWC examined the requirements under section 397 of the Fair Work Act, which stipulates the conditions for a protected action ballot. It was determined that the union had not provided the employees with comprehensive information about the potential action, including the specific issues that led to the proposed industrial action. The FWC found that the union's communication to the employees was insufficient to meet the statutory requirements, as it did not detail the precise nature of the dispute and the intended outcomes of the proposed action. Consequently, the FWC ruled that the ballot was invalid as it did not comply with the necessary legal standards. The decision was based on the principle that employees must be fully informed to make an educated decision about participating in protected action.

The FWC annulled the ballot and instructed the union to provide the employees with the necessary information before any further ballot could be conducted. The union was also required to take steps to ensure that future communications would meet the legal standards for informing employees about proposed industrial action. This decision underscores the importance of ensuring that employees are fully informed about the reasons for any proposed industrial action and the implications of participating in such action. The FWC's ruling emphasised the need for transparency and adequate information to protect the rights of employees and to maintain a fair process in industrial relations matters.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Klondu Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established