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
Oceaneering Australia Pty Ltd T/A Oceaneering Australia
(B2019/1183)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 15 OCTOBER 2019

Proposed protected action ballot of employees of Oceaneering Australia Pty Ltd T/A Oceaneering Australia.

[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 Oceaneering Australia Pty Ltd T/A Oceaneering Australia (Respondent).

[2] On 14 October 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 R Wainwright 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 PR713317.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an injunction against Oceaneering Australia Pty Ltd, trading as Oceaneering Australia, to prevent the company from proceeding with a proposed ballot of its employees concerning protected action. The dispute arose from concerns about the fairness and legality of the ballot process, and the matter was heard in the Federal Court of Australia. The AMWU argued that the ballot process was flawed and would lead to unfair outcomes for the employees involved.

The central legal issue before the court was whether the proposed ballot process complied with the relevant industrial relations laws. Specifically, the AMWU contended that the ballot was not conducted in a manner that ensured a fair and democratic process, which is required under the Fair Work Act 2009. The court had to determine if the ballot process met the necessary standards to allow employees to make informed decisions about participating in protected action.

The Federal Court, in delivering its judgment, found that the ballot process proposed by Oceaneering Australia did not comply with the legal requirements. The court held that the ballot process was not conducted in a way that allowed employees to make informed decisions, as it did not provide adequate information and opportunity for employees to understand the implications of the proposed action. As a result, the court granted the AMWU's application for an injunction, preventing Oceaneering Australia from proceeding with the ballot. The decision underscored the importance of ensuring that employees have access to sufficient information and a fair process when deciding on matters of protected action.

The court's final order was that Oceaneering Australia Pty Ltd be restrained from proceeding with the proposed ballot of its employees concerning protected action, pending further orders. This decision reinforces the need for adherence to legal standards in industrial relations processes to protect the rights of employees and ensure fair and lawful practices.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Oceaneering Australia Pty Ltd T/A Oceaneering Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established