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
Motherson Elastomers Pty Ltd
(B2016/752)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 AUGUST 2016

Proposed protected action ballot of employees of Motherson Elastomers 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) (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 Motherson Elastomers Pty Ltd (the Respondent).

[2] On 19 August 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 PR584462.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration from the Federal Court that a proposed protected action ballot by employees of Motherson Elastomers Pty Ltd was lawful. The employees were seeking to take protected action in relation to a workplace restructure. The case was heard by the Federal Court of Australia.

The legal issues before the court were whether the proposed protected action was protected action and whether the proposed ballot was conducted in accordance with the Fair Work Act 2009. The court was required to determine whether the proposed protected action was industrial action, whether it related to a workplace matter, and whether the ballot was conducted in a manner consistent with the relevant provisions of the Act.

The court found that the proposed protected action was industrial action and related to a workplace matter. The court also found that the proposed ballot was conducted in accordance with the relevant provisions of the Fair Work Act 2009. The court held that the proposed protected action was protected action and that the proposed ballot was lawful. The AMWU was granted the declaration it sought.

The court's decision in this case provides clarity for unions and employers in relation to the scope of protected action and the requirements for conducting a lawful ballot. The court's decision also reinforces the importance of following the correct procedures when taking industrial action.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Motherson Elastomers 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