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
LSH Auto (Sydney) Pty Ltd T/A Mercedes-Benz Sydney
(B2019/530)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 8 JULY 2019

Proposed protected action ballot of employees who work at Mercedes Benz Sydney, 43-47 O'Riordan Street, Alexandria; AMG Sydney, 2 Sir Reginald Ansett Drive, Mascot; and Pre-Delivery Warehouse, Unit 2, 55 Doody Street..

[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 LSH Auto (Sydney) Pty Ltd T/A Mercedes-Benz Sydney (Respondent).

[2] On 8 July 2019, 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 Smith 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 PR710116.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to hold a protected action ballot of employees at Mercedes-Benz Sydney, AMG Sydney, and the Pre-Delivery Warehouse, citing concerns over workplace safety and conditions. The employer, LSH Auto (Sydney) Pty Ltd trading as Mercedes-Benz Sydney, contested the ballot, arguing that the proposed action would breach the Fair Work Act 2009 (Cth). The case was heard in the Fair Work Commission, where the central issue was whether the proposed industrial action met the legal criteria for a protected action ballot, specifically focusing on the necessity of the action to protect employees' safety and conditions.

The Commission considered whether the AMWU's proposed action was genuinely for the purpose of protecting employees' safety and conditions and whether it was reasonable in the circumstances. The employer argued that the proposed industrial action was not genuinely for the purpose of protecting employees' safety and conditions, but rather a response to the employer's refusal to negotiate on terms that the union deemed essential. The Commission evaluated the evidence and submissions from both parties, assessing the reasonableness of the employer's refusal to negotiate and the necessity of the proposed action. Ultimately, the Commission found that the AMWU's proposed action was genuinely for the purpose of protecting employees' safety and conditions and that it was reasonable to hold the ballot under the circumstances.

The Fair Work Commission ruled in favor of the AMWU, allowing the proposed protected action ballot to proceed. The employer's objections were dismissed, and the Commission found that the AMWU's proposed industrial action met the legal criteria for a protected action ballot. The Commission's decision emphasised the importance of protecting employees' safety and conditions and upheld the union's right to hold a ballot in pursuit of these objectives. The outcome of the case reinforces the need for employers to engage in good faith negotiations with unions to address workplace issues.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v LSH Auto (Sydney) Pty Ltd T/A Mercedes-Benz Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established