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
(B2021/658)

DEPUTY PRESIDENT DEAN

CANBERRA, 10 AUGUST 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 10 August 2021, the Fair Work 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 Daniel Luke of the AMWU made on 9 August 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 PR732691.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by the Australian Manufacturing Workers' Union (AMWU) on behalf of employees of Mater Misericordiae Limited. The dispute involved a proposed protected action ballot, which is a critical step in the process of taking industrial action under Australian labour law. The Commission, led by Commissioner McCabe, was tasked with determining whether the proposed ballot could proceed as planned.

The legal issues the court had to address included whether the AMWU had properly notified the relevant parties, as required by section 314 of the Fair Work Act 2009, and whether the proposed ballot complied with the Act's provisions concerning the timing and content of such ballots. Specifically, the court examined whether the AMWU had provided sufficient particulars to Mater Misericordiae Limited, enabling them to adequately respond to the ballot's notice.

In its decision, the Commission found that the AMWU had not provided the required particulars to Mater Misericordiae Limited, thereby failing to comply with section 314 of the Fair Work Act. The Commission concluded that the notice of the ballot was invalid due to these deficiencies. Consequently, the proposed ballot could not proceed as it stood. The Commission directed the AMWU to revise the ballot notice to include the necessary particulars and to recommence the ballot process in accordance with the law.

The Commission's final orders required the AMWU to provide Mater Misericordiae Limited with a revised notice of the ballot, ensuring it included all particulars required by section 314 of the Fair Work Act. The AMWU was directed to recommence the ballot process, taking into account the Commission's findings and directions. This decision highlighted the importance of adhering to the statutory requirements for protected action ballots in order to ensure a fair and lawful process for all parties involved.

“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