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
Lettela Pty. Limited T/A Elastomers Australia
(B2017/622)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 AUGUST 2017

Proposed protected action ballot of employees of Lettela Pty. Limited T/A Elastomers Australia.

[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 Lettela Pty. Limited T/A Elastomers Australia.

[2] On 1 August 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 D Vroland 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 PR595016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a ballot among employees of Lettela Pty. Limited T/A Elastomers Australia to determine if they wished to engage in protected industrial action. Lettela, however, opposed the ballot, leading to a legal dispute over the union's right to proceed. The matter was heard by the Fair Work Commission (FWC), a tribunal with jurisdiction over employment disputes under Australian labour law.

The central legal issue was whether the union's proposed ballot complied with the procedural requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the ballot notice provided by the AMWU was sufficiently detailed and whether it complied with the mandatory pre-ballot notification provisions. The union argued that its notice met the necessary standards, while Lettela contended that the notice was defective and therefore invalid.

The FWC found in favour of the union, ruling that the ballot notice was adequate. The tribunal considered that the notice contained all the required elements, including a summary of the proposed industrial action and the reasons for the action. The FWC concluded that the notice was clear and provided Lettela with sufficient information to respond appropriately. Lettela's objections to the content and timing of the notice were dismissed, as the FWC found no legal basis to prevent the ballot from proceeding.

The FWC ordered Lettela to allow the AMWU to conduct the proposed ballot among its employees. This decision reinforced the rights of unions to organise and communicate with their members about potential industrial action, subject to compliance with the statutory requirements.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Lettela Pty. Limited T/A Elastomers Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established