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
MHE-DEMAG Australia Pty Ltd
(B2016/117)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 6 JUNE 2016

Proposed protected action ballot of employees of MHE-Demag Australia Pty Ltd who are members of the AMWU.

[1] 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 MHE-DEMAG Australia Pty Ltd (the Respondent).

[2] On 6 June 2016 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr D Vroland of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR581277.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the Australian Manufacturing Workers' Union (AMWU) and MHE-Demag Australia Pty Ltd was heard by the Fair Work Commission. The AMWU sought to conduct a ballot of employees regarding potential industrial action. The dispute centred on the procedural validity of the ballot notice issued by the union and whether the company had validly objected to the ballot. The AMWU argued that the ballot was necessary to address workplace issues, while MHE-Demag Australia Pty Ltd contended that procedural errors invalidated the ballot notice.

The legal issues before the Commission involved whether the AMWU had correctly followed the necessary procedures to conduct a lawful ballot for protected action, and whether MHE-Demag Australia Pty Ltd's objections were valid. Specifically, the Commission needed to determine if the ballot notice provided sufficient detail and if the union had adequately notified the employer of the ballot. Additionally, the court had to assess whether the employer's objections were timely and justified.

The Fair Work Commission found that the AMWU had not complied with all procedural requirements for a lawful ballot. The Commission noted that the ballot notice did not provide sufficient detail regarding the proposed action and the grounds for the action. Furthermore, the employer's objections were deemed valid due to these procedural deficiencies. Consequently, the Commission ruled that the ballot was invalid and could not proceed. The decision emphasised the importance of following procedural requirements to ensure a fair and lawful process for industrial action. The Commission ordered that the proposed ballot be abandoned, and no further ballots could be conducted without addressing the identified procedural issues.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v MHE-Demag Australia 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