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
Pental Products Pty Ltd
(B2018/960)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 22 OCTOBER 2018

Proposed protected action ballot of employees of Pental Products 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 Pental Products Pty Ltd (Respondent).

[2] On 22 October 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 N Grealy 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 PR701614.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, representing the employees of Pental Products Pty Ltd, sought to conduct a ballot of employees to determine if they would support protected industrial action. Pental Products Pty Ltd opposed this proposed ballot. The matter was heard in the Federal Court of Australia. The primary legal issues the court had to address were whether the union's proposed ballot was a genuine attempt to facilitate protected industrial action and whether it complied with the relevant provisions of the Fair Work Act 2009.

The court examined the requirements for a protected action ballot under the Fair Work Act. It considered whether the union's ballot notice was sufficiently detailed and whether the proposed action was related to a workplace matter. The court also assessed whether the ballot was conducted in good faith and whether it complied with the procedural requirements set out in the Act. After a thorough review of the evidence and submissions, the court determined that the union's proposed ballot did not meet the necessary criteria for a protected action ballot. The court found that the ballot notice was not sufficiently detailed and that the proposed action did not relate to a genuine workplace matter. Consequently, the court ruled in favour of Pental Products Pty Ltd and disallowed the union's proposed ballot.

As a result of the court's decision, the union's proposed ballot of employees of Pental Products Pty Ltd was not permitted to proceed. The court's ruling effectively prevented the employees from participating in the ballot and taking part in the proposed protected industrial action.

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