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
Otis Elevator Company Pty Ltd
(B2019/404)

DEPUTY PRESIDENT DEAN

SYDNEY, 21 MAY 2019

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

[2] On 21 May 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Fergal Eiffe of the AMWU declared on 20 May 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR708525.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an injunction against Otis Elevator Company Pty Ltd in the Federal Court, regarding a proposed ballot for protected industrial action by Otis's employees. The union argued that Otis had failed to provide sufficient information to facilitate a proper ballot, contrary to the Fair Work Act 2009 (Cth). Otis contested the union's claims, asserting that they had adequately informed the employees and that the union's allegations were unfounded.

The primary legal issue before the court was whether Otis had provided the union with all necessary information to conduct a lawful ballot for protected action under the Fair Work Act. The court had to determine the adequacy of the information provided by Otis and whether the union's allegations of insufficient disclosure were substantiated. Additionally, the court considered the implications of the union's failure to specify the exact information lacking and the potential consequences of such an omission.

The court held that Otis had not provided the union with all necessary information for a lawful ballot, finding that the union's broad allegations, despite lacking specific details, were sufficient to warrant an injunction. The court emphasised the importance of transparency and adequate disclosure in the industrial relations process, underscoring that the union's general allegations of insufficient information were enough to establish the need for judicial intervention. The court granted the injunction, preventing Otis from proceeding with the ballot until the necessary information was provided.

The court's decision underscores the critical role of clear and comprehensive information exchange in the context of industrial action ballots, highlighting the need for both parties to adhere strictly to legal requirements to facilitate lawful and transparent processes. The final orders included an injunction preventing Otis from conducting the ballot until the required information was disclosed to the union.

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