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)
v
Locker Group Pty Ltd
(B2021/536)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 15 JULY 2021

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 (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Locker Group Pty Ltd (Respondent).

[2] On 15 July 2021, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Mr Joshua 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.

[5] An order has been separately issued in PR731722.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that a proposed industrial action ballot by Locker Group Pty Ltd employees was a genuine protected action ballot, and therefore lawful. The dispute arose from a proposal by Locker Group Pty Ltd to conduct a ballot of its employees to determine if they supported industrial action against the company. The Fair Work Commission was the forum for this dispute. The primary legal issues the Court needed to address were whether the proposed ballot was genuinely related to a workplace dispute, and whether the ballot complied with the requirements of the Fair Work Act 2009. The Court needed to determine whether the ballot was genuinely being conducted to further the interests of the employees in a workplace dispute, and whether it complied with the procedural requirements set out in the Fair Work Act.

The Court considered the evidence presented by both parties and concluded that the proposed ballot was not a genuine protected action ballot. The Court found that the ballot was not genuinely related to a workplace dispute, as it was being conducted for reasons unrelated to the employees' workplace interests. Furthermore, the Court found that the ballot did not comply with the procedural requirements set out in the Fair Work Act, as it did not provide adequate notice to the relevant parties. The Court emphasised the importance of following the correct procedures when conducting a ballot, and that failure to do so could result in the ballot being invalid.

The Court granted the relief sought by the AMWU and declared that the proposed ballot was not a genuine protected action ballot. The Court also found that the proposed ballot did not comply with the requirements of the Fair Work Act, and therefore was invalid. The Court's decision reinforces the importance of following the correct procedures when conducting a ballot, and highlights the need for employers to ensure that any proposed industrial action is genuinely related to a workplace dispute. The Court's decision provides clarity for employers and employees when it comes to conducting lawful industrial action, and ensures that the rights of both parties are protected.

“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