“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Kone Elevators Pty Ltd T/A Kone

[2018] FWC 6738

FAIR WORK COMMISSION

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)

Kone Elevators Pty Ltd T/A Kone

(B2018/1004)

Deputy President Gostencnik

SYDNEY, 31 OCTOBER 2018

Proposed protected action ballot of employees of Kone Elevators Pty Ltd.

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 (Act) for a protected action ballot order in relation to certain employees of Kone Elevators Pty Ltd (Respondent).

On 31 October 2018, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr J Gardner 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.

An order has been separately issued in PR701942.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought proceedings against Kone Elevators Pty Ltd T/A Kone in the Fair Work Commission. The union sought approval for a proposed industrial action ballot of employees. The nature of the dispute was over the terms and conditions of employment, particularly in relation to the employees' entitlements and the implications of proposed changes to their conditions by the employer.

The legal issues before the Commission included whether the proposed industrial action was protected action under the Fair Work Act, and if the union had provided sufficient information to the employer and the employees to enable an informed ballot. The AMWU argued that the proposed action was protected, as it was related to employees' terms and conditions of employment and that all requisite notices and disclosures had been made. Kone Elevators Pty Ltd contested the sufficiency of the notices and questioned whether the proposed action was genuinely related to the employees' terms and conditions.

The Fair Work Commission found that the proposed industrial action was indeed protected action, as it was related to the employees' terms and conditions of employment. The Commission also found that the union had provided adequate information to both the employer and the employees, fulfilling the requirements under the Fair Work Act. Consequently, the Commission approved the proposed ballot, allowing the union to proceed with the proposed industrial action. The decision was based on the principle that employees have the right to take protected action in relation to their terms and conditions of employment, provided the necessary procedural requirements are met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established