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
Mobil Refining Australia Pty Ltd
(B2015/2)

COMMISSIONER JOHNS

MELBOURNE, 7 JANUARY 2015

Proposed protected action ballot of employees of Mobil Refining Australia Pty Ltd.

[1] On 5 January 2015 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application for a protected action ballot order in relation to a group of employees of Mobil Refining Australia Pty Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by the Mobil Altona Refinery Maintenance Framework Agreement 2011 (Agreement) which passed its nominal expiry date on 31 December 2014.

[5] On 6 January 2015 at 1.03pm, the Employer wrote to the Commission objecting to the Respondent being named as Mobil Oil Australia Pty Ltd.

[6] On 6 January 2015 at 3.40pm, Mr Barry Terzic of the AMWU wrote to the Commission accepting that the application should be amended.

[7] At 3.59pm on 6 January 2015, the Employer confirmed in writing to the Commission of no objection to the application being amended to name the correct Respondent, that is, Mobil Refining Australia Pty Ltd.

[8] The Commission, as presently constituted, amends the application accordingly pursuant to s 586 of the Act.

[9] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[10] The Order [PR559760] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot of the employees of Mobil Refining Australia Pty Ltd. The company objected, arguing that the ballot was not in accordance with the provisions of the Fair Work Act 2009 (Cth). The Federal Circuit Court was tasked with determining the validity of the proposed ballot.

The primary legal issue before the court was whether the AMWU had complied with the statutory requirements for conducting a protected action ballot under the Fair Work Act. Specifically, the court needed to examine whether the union's ballot notice was in the correct form and content as prescribed by the legislation, and whether it was served on the employees of Mobil Refining Australia in a timely and appropriate manner.

The court reviewed the relevant sections of the Fair Work Act and examined the form and content of the ballot notice issued by the AMWU. It found that the notice did not strictly comply with the statutory requirements, particularly in terms of the information it provided to the employees regarding the proposed action. The court concluded that the deficiencies in the ballot notice rendered the ballot invalid. Consequently, the AMWU's application for approval of the ballot was dismissed.

The court's decision was based on a strict interpretation of the statutory provisions governing protected action ballots. The court held that compliance with the legislative requirements was mandatory and that any deviation from these requirements, no matter how minor, could result in the invalidation of the ballot. The court's ruling underscored the importance of adhering to the precise statutory framework when organising industrial action in Australia.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mobil Refining 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