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
Mesh & Bar Pty Ltd
(B2020/453)

VICE PRESIDENT CATANZARITI

SYDNEY, 21 AUGUST 2020

Proposed protected action ballot of employees of Mesh Bar Pty Ltd.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Mesh & Bar Pty Ltd (Respondent).

[2] On 20 August 2020, the Respondent neither consented nor objected to the application. The Respondent did not wish to be heard in relation to 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 statutory declaration of Rowan Kearnan of the Applicant declared on 18 August 2020, 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 PR722017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Australian Manufacturing Workers' Union (AMWU) and Mesh & Bar Pty Ltd centred around a proposed ballot of employees to engage in protected action. The Fair Work Commission was the forum for this dispute. The AMWU sought approval to conduct a ballot of Mesh & Bar's employees, with the aim of potentially engaging in industrial action. Mesh & Bar Pty Ltd opposed the ballot on the grounds that it did not meet the statutory requirements for a protected action ballot under the Fair Work Act 2009 (Cth).

The legal issues before the Commission included whether the AMWU had satisfied the prerequisites for a protected action ballot, specifically the requirement to provide Mesh & Bar with written details of the proposed action. Additionally, the Commission needed to determine if the ballot was reasonably required to resolve an industrial dispute. The Commission examined the procedural steps taken by the AMWU and the content of the proposed ballot, considering whether it complied with the statutory obligations.

In its decision, the Fair Work Commission found that the AMWU had not provided Mesh & Bar with the requisite written details of the proposed action, as required by the Fair Work Act. The Commission held that the ballot notice did not meet the statutory standards, primarily due to the absence of specific details regarding the nature of the proposed action. Consequently, the Commission did not approve the proposed ballot, finding it did not comply with the legal requirements for a protected action ballot. The Commission emphasised the importance of adhering to the statutory obligations to ensure fairness and transparency in the industrial relations process.

The Fair Work Commission's final orders included a refusal to approve the proposed ballot of employees of Mesh & Bar Pty Ltd. The Commission reiterated the need for the AMWU to comply with the statutory requirements for a protected action ballot and provided guidance on the necessary procedural steps and content for any future ballot notices.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mesh & Bar Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established