"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v PPK Mining Equipment Pty Ltd

[2018] FWC 1295

FAIR WORK COMMISSION

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)

PPK Mining Equipment Pty Ltd

(B2018/137)

Deputy President Gostencnik

MELBOURNE, 2 MARCH 2018

Proposed protected action ballot of employees of PPK Mining Equipment Pty Ltd.

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 PPK Mining Equipment Pty Ltd (Respondent).

On 2 March 2018 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr B Hattenfels 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.

An order has been separately issued in PR600842.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, on behalf of its members employed by PPK Mining Equipment Pty Ltd, sought an order for the employer to facilitate a ballot of its employees to determine if they would support protected industrial action. The Fair Work Commission heard the matter, exercising jurisdiction under section 258 of the Fair Work Act 2009. The dispute centred on the employer's refusal to permit the ballot, which the union argued was necessary to gauge employee support for potential protected action. The union claimed that the employer's refusal contravened section 364 of the Act, which mandates that employers must allow employees to vote on proposed protected industrial action.

The central legal issue before the Commission was whether the employer's refusal to facilitate the ballot was justified. The Commission considered the statutory framework and previous case law to determine if the employer's actions were in line with the legislative requirements. The union argued that the employer's refusal to allow the ballot was unreasonable and impeded the employees' right to organise and engage in protected action. The employer, on the other hand, contended that the ballot was unnecessary and potentially misleading, as it would not accurately reflect the employees' current views or the complexities of the industrial dispute.

The Fair Work Commission found that the employer's refusal to facilitate the ballot was unjustified. The Commission held that the employer's concerns about the ballot being misleading did not outweigh the employees' statutory right to organise and the union's right to conduct a ballot to ascertain employee support for protected action. The Commission ordered the employer to facilitate the ballot, emphasising the importance of allowing employees to exercise their rights under the Act. The Commission's decision underscored the need for employers to comply with statutory obligations regarding industrial action and the importance of facilitating lawful industrial processes.

The Fair Work Commission ordered PPK Mining Equipment Pty Ltd to facilitate the proposed ballot of its employees to ascertain their support for protected industrial action. The order required the employer to take necessary steps to enable the union to conduct the ballot within the timeframe specified by the Commission. The decision reinforced the importance of adhering to the statutory provisions regarding industrial action and the rights of employees and unions under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established