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
Locker Group Pty Ltd
(B2017/941)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 10 OCTOBER 2017

Proposed protected action ballot of employees of Locker Group 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 Locker Group Pty Ltd (the Respondent).

[2] On 10 October 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 B Terzic 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 PR596707.

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 of employees of Locker Group Pty Ltd to determine if they would support protected action, such as a strike. Locker Group Pty Ltd opposed the ballot, leading to a dispute that was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the AMWU's proposed ballot was lawful under the Fair Work Act 2009. The AMWU argued that it had provided sufficient information to employees to allow them to make an informed decision, while Locker Group Pty Ltd contended that the ballot notice did not provide adequate information and was misleading.

The Commission examined the provisions of the Fair Work Act and the requirements for a lawful ballot. It considered the nature of the information that must be provided to employees to ensure they can make an informed decision and assessed whether the AMWU's ballot notice met these requirements. The Commission found that while the AMWU had provided a substantial amount of information, it was not sufficient to enable employees to make an informed decision. The Commission emphasised that the ballot notice must clearly explain the proposed action, its implications, and the alternatives available to employees. It concluded that the AMWU's ballot notice failed to meet these standards and was therefore unlawful.

As a result, the Commission dismissed the AMWU's application to conduct the ballot. The Commission ordered that the AMWU must not proceed with the ballot as proposed and must provide a revised ballot notice that complied with the Fair Work Act. This decision underscores the importance of ensuring that employees have access to all necessary information to make an informed decision about their involvement in protected action.

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