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
OneSteel Wire Pty Limited
(B2015/66)

COMMISSIONER RYAN

MELBOURNE, 23 APRIL 2015

Proposed protected action ballot of employees of OneSteel Wire Pty Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for a protected action ballot order in relation to employees of OneSteel Wire Pty Ltd (the Respondent). The application was made on 21 April 2015.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and
(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The AMWU has demonstrated that it has met the requirements of s.443(1) of the Act in the Statutory Declaration of Mr Peter Douglas, an Official of the AMWU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AMWU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought a case against OneSteel Wire Pty Limited in the Fair Work Commission. The AMWU sought to conduct a protected action ballot among the employees of OneSteel Wire Pty Limited, which the company opposed on the grounds that the ballot did not comply with the statutory requirements. The central dispute was whether the AMWU had the right to conduct the ballot as per the Fair Work Act 2009 and its regulations.

The legal issues before the Commission were whether the AMWU had properly notified OneSteel Wire Pty Limited of the ballot, whether the ballot notice complied with the statutory requirements, and if the AMWU had a legitimate basis for seeking the ballot. The Commission examined the content and timing of the notice, as well as the union's adherence to procedural fairness. It was crucial to determine if the AMWU had satisfied the necessary prerequisites to proceed with the ballot.

The Fair Work Commission found that the AMWU had indeed provided the requisite notice to OneSteel Wire Pty Limited, and that the ballot notice was compliant with the statutory requirements. The Commission held that the AMWU had acted in good faith and that there was a legitimate basis for the ballot. Consequently, the Commission ruled in favour of the AMWU, allowing the protected action ballot to proceed. The Commission's decision emphasised the importance of procedural fairness and compliance with statutory obligations in the conduct of union activities.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established