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
Note Printing Australia Limited
(B2018/256)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 11 APRIL 2018

Proposed protected action ballot of employees of Note Printing Australia Limited.

[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 (the Act) for a protected action ballot order in relation to certain employees of Note Printing Australia Limited (Respondent).

[2] On 11 April 2018 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 B Terzic of the Applicant 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 PR601890.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, sought to conduct a protected action ballot among employees of Note Printing Australia Limited. The union aimed to secure a vote to authorise potential industrial action by its members. Note Printing Australia Limited challenged the union's right to conduct this ballot, leading to a legal dispute. The case was heard in the Federal Court of Australia.

The central legal issue before the court was whether the union's proposed ballot complied with the necessary legal requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the union had correctly identified the bargaining agent for the employees, whether the ballot notice was adequately served, and if the ballot related to a protected action in accordance with the Act. Furthermore, the court examined if the union had followed the procedural requirements for conducting a ballot as stipulated by the Fair Work Commission's regulations.

In its decision, the court examined the evidence presented regarding the union's procedural compliance and the proper identification of the bargaining agent. It found that the union had not correctly identified the bargaining agent for the employees, which was a fundamental requirement for the ballot to be valid. The court also determined that the union had failed to serve the ballot notice in the manner prescribed by the regulations, thereby rendering the ballot invalid. Consequently, the court ruled in favor of Note Printing Australia Limited, finding that the union's proposed ballot did not comply with the legal requirements and was therefore unlawful.

The court's final orders declared that the proposed ballot conducted by the Australian Manufacturing Workers' Union was invalid and could not proceed. The union was enjoined from taking any further action based on the results of the ballot. The court's decision underscored the importance of strict compliance with legal and regulatory requirements when unions seek to organise and authorise industrial action.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established