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

[2018] FWC 553

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)

Meritor Heavy Vehicle Systems Australia Ltd

(B2018/53)

Deputy President Gostencnik

SYDNEY, 25 JANUARY 2018

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)` (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 Meritor Heavy Vehicle Systems Australia Ltd (the Respondent).

On 25 January 2018 my associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Mr N Grealy 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.

An order has been separately issued in PR599857.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that the industrial action it intended to take was protected action within the meaning of the Fair Work Act 2009 (Cth). The respondents, Meritor Heavy Vehicle Systems Australia Ltd, sought to have the proposed industrial action declared unprotected. The Full Bench of the Fair Work Commission heard the matter, with a decision handed down on 16 November 2020.

The AMWU intended to conduct a protected action ballot of its members employed by Meritor. The AMWU argued that the proposed industrial action was in relation to an industrial dispute with Meritor. Meritor argued that the proposed industrial action was not in relation to an industrial dispute with Meritor, as the AMWU was acting as a secondary boycotter. The legal issue before the Full Bench was whether the AMWU's proposed industrial action was in relation to an industrial dispute with Meritor. The Full Bench found that the AMWU's proposed industrial action was in relation to an industrial dispute with Meritor. The Full Bench found that there was an industrial dispute between the AMWU and Meritor. The AMWU had acted as a secondary boycotter in relation to an industrial dispute between another union and another employer. However, the AMWU was not acting as a secondary boycotter in relation to the industrial dispute with Meritor. The AMWU's proposed industrial action was in relation to an industrial dispute with Meritor. The Full Bench declared the proposed industrial action to be protected action.

The Full Bench ordered that the proposed industrial action be protected action and that the AMWU could lawfully conduct a ballot of its members employed by Meritor.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established