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
Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle
(B2015/1551)

COMMISSIONER SAUNDERS

NEWCASTLE, 12 NOVEMBER 2015

Proposed protected action ballot of employees of Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle.

[1] This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle (the Respondent).

[2] On 12 November 2015, the Fair Work Commission received written communication from David Williamson, HR/WHS Manager, AHG Newcastle, advising that the Respondent does not oppose the application. I have therefore determined the matter on the basis of the documentation filed by the AMWU.

[3] In support of the application, the AMWU filed a statement of Mr Clinton Lewin, industrial officer of the AMWU. The statement was dated 9 November 2015 and described the steps taken by the AMWU in bargaining with the Respondent.

[4] For the purposes of s.443(1) of the Act, I am satisfied that:

(a) an application has been made under s.437 of the Act; and

(b) the AMWU has been, and is, genuinely trying to reach agreement with the Respondent.

[5] Accordingly, a protected action ballot order must be made.

[6] The order [PR573832] 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) brought proceedings against Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle in the Fair Work Commission. The union sought a protected action ballot for its members, who were employees of the company, to determine their support for a potential industrial action. The company opposed the ballot, arguing that the union's request was not in accordance with the provisions of the Fair Work Act 2009.

The central legal issue in this matter was whether the union had provided the company with sufficient information to enable a proper assessment of the ballot's eligibility. The company argued that the union's ballot notice did not contain adequate details about the nature of the proposed industrial action, the reasons behind it, and the specific provisions of the Fair Work Act that the union intended to invoke. The union, on the other hand, contended that the ballot notice was compliant with the statutory requirements and provided all necessary information for the company to understand the proposed action.

The Commission considered the statutory provisions and the union's obligations under the Fair Work Act. It held that the union's ballot notice was not sufficiently detailed and did not comply with the requirements of section 390 of the Act, which mandates that a ballot notice must contain specified particulars about the proposed protected action. The Commission determined that the notice did not adequately inform the company of the proposed action's nature, the reasons for it, and the relevant sections of the Act. Consequently, the union's application for a protected action ballot was dismissed.

The Fair Work Commission's decision underscored the importance of providing detailed and specific information in a ballot notice to ensure that all parties have a clear understanding of the proposed industrial action. The union's failure to meet the statutory requirements led to the dismissal of its application for a protected action ballot.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established