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
Mackay Consolidated Industries Pty Limited
(B2016/1103)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 OCTOBER 2016

Proposed protected action ballot of employees of Mackay Consolidated Pty Limited.

[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 Mackay Consolidated Pty Limited (the Respondent).

[2] On 18 October 2016 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 PR586599.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), versus Mackay Consolidated Industries Pty Limited, was heard by the Fair Work Commission. The union sought to conduct a protected action ballot among employees of Mackay Consolidated Industries Pty Limited. This ballot aimed to determine employee support for potential industrial action, including strikes and lock-outs. The employer contested the union's request, raising objections regarding the ballot's procedural fairness and the union's right to conduct the ballot.

The primary legal issue before the commission was whether the union's proposed ballot met the statutory requirements under the Fair Work Act 2009. This involved examining the union's right to conduct a ballot, the appropriateness of the ballot's timing and content, and whether the employer's objections had merit. The commission had to determine if the union had provided sufficient information to employees, if the ballot was conducted in a manner that ensured a fair process, and if the employer's concerns about procedural fairness were justified.

The Fair Work Commission ruled in favour of the union, holding that the proposed ballot was procedurally fair and complied with the necessary statutory requirements. The commission found that the union had provided employees with adequate information about the ballot's purpose and potential outcomes, and that the timing and method of the ballot were appropriate. The employer's objections were largely dismissed, as the commission did not find significant procedural flaws that would warrant halting the ballot. Consequently, the union was permitted to proceed with the ballot as planned.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Mackay Consolidated Industries Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established