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
KONE Elevators Pty Ltd
(B2017/473)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 JUNE 2017

Proposed protected action ballot of employees of KONE Elevators 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 KONE Elevators Pty Ltd (the Respondent).

[2] On 13 June 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 F Eiffe 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 PR593688.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed a case against KONE Elevators Pty Ltd in the Fair Work Commission. The union sought approval for a proposed protected action ballot of employees, aiming to allow them to vote on potential industrial action. The union argued that the ballot was necessary due to a breakdown in negotiations over enterprise agreements and unresolved workplace issues. KONE Elevators Pty Ltd opposed the ballot, claiming that it was not the appropriate time for such action, given ongoing negotiations and a lack of sufficient grounds for industrial action.

The primary legal issues before the Fair Work Commission were whether the union had satisfied the statutory requirements for a protected action ballot and whether the ballot was necessary and appropriate. The commission had to determine if there was an appropriate dispute for the ballot to proceed and whether the union had provided adequate information to the employees to enable an informed decision. The union argued that the employees had a right to be consulted and to vote on potential industrial action, while KONE Elevators Pty Ltd contended that the timing was premature and that the union had not demonstrated a valid basis for the ballot.

After reviewing the submissions and evidence, the Fair Work Commission found that the union had not satisfied the statutory requirements for a protected action ballot. The commission noted that the union had not demonstrated that the proposed industrial action was necessary or appropriate, given the ongoing negotiations and the lack of a clear dispute. The commission also found that the union had not provided sufficient information to the employees to enable an informed decision. Therefore, the commission rejected the union's application for a protected action ballot.

The Fair Work Commission ordered that the application for a protected action ballot be dismissed, and no further action be taken in relation to the proposed ballot. The commission emphasised the importance of ensuring that protected action ballots are conducted in accordance with the relevant legal requirements and that unions provide employees with adequate information to make an informed decision. The decision highlights the need for unions and employers to engage in good faith negotiations and to seek resolution through alternative dispute resolution mechanisms before resorting to industrial action.

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