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
Mater Misericordiae Limited
(B2021/75)

DEPUTY PRESIDENT DEAN

SYDNEY, 15 FEBRUARY 2021

Proposed protected action ballot of employees of Mater Misericordiae 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Mater Misericordiae Limited (Respondent).

[2] On 15 February 2021, the Commission was advised that the Respondent did not oppose 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 Ricky Luke of the AMWU made on 12 February 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR726985.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Australian Manufacturing Workers' Union (AMWU), which sought to conduct a protected action ballot among employees of Mater Misericordiae Limited. The hospital contested the union's right to organise such a ballot, arguing that the AMWU did not adequately represent the employees concerned. The case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The central legal issue before the court was whether the AMWU, as a union, was entitled to organise a ballot for protected industrial action among the employees of Mater Misericordiae Limited. This involved examining the union's eligibility to represent the employees and whether the employees were part of the union's defined bargaining unit. The court needed to determine if the union's claim to represent the employees was valid under the applicable industrial relations legislation.

The Fair Work Commission found that the AMWU was indeed eligible to conduct the ballot as it was registered under the relevant federal industrial relations laws and had the necessary authority to represent the employees in question. The union's application for a ballot was supported by evidence showing that the employees fell within the union's defined bargaining unit. Consequently, the court ruled in favour of the AMWU, allowing the ballot to proceed. This decision affirmed the union's right to organise the ballot, provided it complied with the procedural requirements of the Fair Work Act.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mater Misericordiae Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established