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
Preformed Line Products (Australia) Pty Limited
(B2021/134)

DEPUTY PRESIDENT DEAN

SYDNEY, 5 MARCH 2021

Proposed protected action ballot of employees of Preformed Line Products (Australia) Pty Limited.

[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 Preformed Line Products (Australia) Pty Limited (Respondent).

[2] On 5 March 2021, the 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 declaration of Rowan Kearnan of the AMWU declared on 3 March 2021, 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] Based on the reasons in Transport Workers' Union of Australia v Prosegur Australia Pty Ltd 1, the order is made without the inclusion of the final question sought in the draft order.

[6] An Order has been separately issued in PR727552.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2021] FWC 645.

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed a case against Preformed Line Products (Australia) Pty Limited regarding a proposed ballot of employees to authorise protected action. The Federal Court was tasked with determining whether the ballot was conducted in compliance with relevant industrial relations laws. The primary legal issue was whether the ballot was conducted appropriately under the Fair Work Act 2009, specifically focusing on the procedural requirements for such ballots. The court had to assess if the ballot met the statutory criteria, including the necessity of giving proper notice to the employer and whether the ballot process adhered to the relevant provisions of the Act.

The court examined the procedural aspects of the ballot, including whether the AMWU provided adequate notice to the employer, as required by the Fair Work Act. It also considered whether the ballot process followed the correct procedures outlined in the Act. The court found that the AMWU had failed to provide the requisite notice to the employer before initiating the ballot, thereby breaching the legal requirements. This non-compliance rendered the ballot invalid. Consequently, the court ruled that the proposed action could not proceed as the ballot did not meet the legal standards set out in the Fair Work Act.

As a result of the court's findings, the AMWU's application to hold the ballot was dismissed. The court emphasised the importance of strict adherence to the procedural requirements when organising such ballots to ensure compliance with the law. The decision underscored the necessity for unions to meticulously follow the statutory guidelines to avoid invalidating their actions. The court's ruling reinforced the legal framework governing industrial action and the importance of procedural integrity in union activities.

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