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
(B2021/339)

DEPUTY PRESIDENT DEAN

CANBERRA, 19 MAY 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Klondu Group Pty Limited (Respondent).

[2] On 18 May 2021, the 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 AMWU made on 18 May 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR729970.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an injunction against Klondu Group Pty Limited to prevent the company from proceeding with a proposed protected action ballot of its employees. The matter was heard in the Fair Work Commission. The central legal issues were whether the proposed ballot was valid under the Fair Work Act 2009 and whether the AMWU had standing to seek an injunction.

The Fair Work Commission examined the requirements for a valid protected action ballot, including whether the ballot notice complied with the legislative requirements and whether the ballot was genuinely intended to be used for protected action. The Commission found that the proposed ballot was valid as the ballot notice met the statutory requirements and the ballot was genuinely intended to be used for protected action. The AMWU, as a registered organisation with a sufficient connection to the employees involved, was deemed to have standing to seek an injunction. However, the Commission declined to grant the injunction, finding that the AMWU had not demonstrated that the proposed ballot would cause significant harm to the employees or the employer, and that there were other legal remedies available to address any issues arising from the ballot.

The Commission ultimately decided against granting the injunction, noting that the AMWU had not sufficiently demonstrated that the proposed ballot would cause significant harm to the employees or the employer, and that other legal remedies were available to address any issues that might arise from the ballot. The AMWU's application for an injunction was therefore dismissed.

“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