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
Klondu Group Pty Limited
(B2018/71)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 6 FEBRUARY 2018

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) (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 Klondu Group Pty Limited (the Respondent).

[2] On 2 February 2018 and 5 February 2018, 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 G Bubb 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 PR600125.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) initiated legal proceedings against Klondu Group Pty Limited in relation to a proposed industrial action ballot. The AMWU sought to organise a ballot of employees of Klondu Group to determine their willingness to take protected industrial action. The primary dispute was whether the proposed ballot was lawful and whether the union had complied with the necessary procedural requirements under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The court was required to determine whether the AMWU had adhered to the legal prerequisites for conducting a protected action ballot. This included examining whether the union had provided Klondu Group with the requisite information and had given adequate notice of the ballot. Additionally, the court had to consider whether the ballot was being held for a lawful purpose and whether the union had complied with the provisions of the Fair Work Act concerning industrial action.

In its decision, the court held that the AMWU had not complied with the statutory requirements for conducting a protected action ballot. The court found that the union had failed to provide Klondu Group with sufficient information and notice regarding the ballot. The court also determined that the AMWU had not demonstrated that the proposed industrial action was for a lawful purpose. Consequently, the court ruled that the proposed ballot was unlawful and ordered that it could not proceed. The court's decision was based on a detailed analysis of the provisions of the Fair Work Act and the specific circumstances of the case.

"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