"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Meritor Heavy Vehicle Systems Australia Ltd

[2023] FWC 2835

The attached document replaces the document previously issued with the above code on 27 October 2023.

A typographical error in paragraph 7 outlining a related matter has been removed.

Associate to Deputy President Wright

Dated 30 October 2023

[2023] FWC 2835

FAIR WORK COMMISSION

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

Meritor Heavy Vehicle Systems Australia Ltd

(B2023/1174)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 27 OCTOBER 2023

Proposed protected action ballot of employees of Meritor Heavy Vehicle Systems Australia Ltd

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 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Meritor Heavy Vehicle Systems Australia Ltd (Meritor or Respondent).

On 27 October 2023, the Commission was advised that the Respondent did not object to the Application.

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

On the basis of the material before me, including the declaration of Mr Raoul Wainwright, AMWU Industrial Officer, setting out the steps taken by the AMWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with Meritor, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, the date by which the ballot is to close is 8 December 2023.[1]

An order has been separately issued in PR767695.

This matter will be assigned to another Member of the Commission to conduct the s.448A conference. The Member will issue the Order requiring attendance at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission for a protected action ballot order concerning specific employees of Meritor Heavy Vehicle Systems Australia Ltd. The application was made under section 437 of the Fair Work Act 2009 and was heard by Deputy President Wright in Sydney on 27 October 2023. Meritor did not object to the application, leading to the matter being determined on the papers without a hearing. The AMWU sought the order to conduct a ballot for potential industrial action after asserting that it had been genuinely attempting to reach an agreement with Meritor through bargaining.

The primary legal issue before the Commission was whether the AMWU had satisfied the prerequisites for a protected action ballot under the Fair Work Act. The AMWU needed to demonstrate that it had engaged in good faith bargaining with Meritor and that a notification time for a proposed agreement had been established. Furthermore, the AMWU had to ensure that all procedural requirements were met for the ballot to be lawful. Given the evidence presented, including a declaration from an AMWU Industrial Officer, the Commission was satisfied that the AMWU had fulfilled these obligations.

Deputy President Wright concluded that the AMWU had met all the statutory requirements for a ballot order. The decision noted that the Australian Electoral Commission would conduct the ballot, which would close on 8 December 2023. An order was issued separately to assign the matter to another Commission member for a section 448A conference, with directions likely to follow to facilitate meaningful negotiations between the parties. The decision underscores the importance of procedural compliance in industrial relations matters and the Commission's role in overseeing protected action ballots.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established