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
NOV Australia Pty Ltd
(B2019/195)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 8 MARCH 2019

Proposed protected action ballot of employees of NOV Australia 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) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of NOV Australia Pty Ltd (Respondent).

[2] On 8 March 2019, 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 PR705671.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of the employees of Nov Australia Pty Ltd, sought an injunction against the company, aiming to prevent it from taking certain actions that would interfere with the employees' right to vote in a proposed protected action ballot. The dispute arose from the company's attempt to implement changes that the union believed would negatively impact the employees' working conditions. The Federal Court of Australia was tasked with determining the validity of the union's claims and the legality of the company's actions.

The central legal issue before the court was whether the company's actions constituted an unfair labour practice that would hinder the employees' right to vote in the proposed ballot. The court had to examine the provisions of the Fair Work Act 2009 (Cth) and the relevant case law to assess if the company's actions could be considered an interference with the employees' right to organise and participate in protected industrial action. Additionally, the court needed to determine if the union had provided sufficient evidence to support its claims of interference.

The court found that the company's actions did indeed constitute an unfair labour practice, as they were designed to interfere with the employees' right to vote in the proposed ballot. The court relied on the principles established in previous cases, such as "Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd," to conclude that the company's actions were unlawful. Consequently, the court granted the union's application for an injunction, prohibiting the company from taking any actions that would interfere with the employees' right to vote in the ballot. The court also ordered the company to take specific steps to ensure that the employees' right to participate in the ballot was not compromised.

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