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
Production Services Network Pty Ltd T/A Wood Group PSN
(B2017/998)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 31 OCTOBER 2017

Proposed protected action ballot of employees of Production Services Network Pty Ltd T/A Wood Group PSN.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU) applied for a protected action ballot order.¹

[2] The AMWU sought an order that employees of Production Services Network Pty Ltd T/A Wood Group PSN who are members of the AMWU and who would be subject to the proposed enterprise agreement be balloted to see if they supported the taking of protected industrial action.

[3] It was not disputed that:

(1) The AMWU is a bargaining representative for employees.²

(2) The application specifies the group of employees to be balloted and the questions to be put to the employees.³

(3) A copy of the application was given to the employer and the AEC within 24 hours of the making of the application.⁴

(4) The nominal expiry date of the agreement has passed.⁵

[4] Mr Nicholas Grealy, an AMWU Industrial Officer, filed a statutory declaration.

[5] On 23 and 24 October 2017, Mr David Healy, Senior IR Advisor at Wood Group emailed the Commission advising that they objected to the application because the AMWU had declined to provide certain undertakings.

[6] It was not argued that the AMWU had not met the statutory prerequisites or that the AMWU was not genuinely trying to reach an agreement.

[7] The matter was listed for hearing on 30 October 2017 at 10.00 am.

[8] At the hearing, the parties agreed to amend the questions to be put to the voters and the hearing was adjourned.

[9] On 30 October 2017 at 4.35 pm, Mr Grealy emailed the Commission an amended version of the application and questions to be put to the voters.

[10] I am satisfied that the AMWU has satisfied the statutory prerequisites for a protected action ballot order and I am satisfied that the AMWU is genuinely trying to reach an agreement.

[11] I am satisfied that the matters of concern raised by Mr Healy are not a matter that the Commission can take into account when determining an application for a protected action ballot order.

DEPUTY PRESIDENT

Appearances:

N.Grealy for the Applicant.

D. Healy for the Respondent.

Hearing details:

2017.

Melbourne:

30 October.

1 See s.437 of the Fair Work Act 2009

2 Ibid s.437(1)

3 Ibid s.437(3)

4 s.440

5 s.438(1)

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), known as the Australian Manufacturing Workers' Union, which sought to conduct a protected action ballot among employees of Production Services Network Pty Ltd (PSN), trading as Wood Group PSN. The AMWU aimed to organise a vote among PSN's employees to gauge their support for potential protected action, such as strikes or other industrial actions. The dispute centred on whether the AMWU had the right to proceed with the ballot under the Fair Work Act 2009.

The key legal issue before the Commission was whether the AMWU had complied with the procedural requirements set out in the Fair Work Act for organising a protected action ballot. Specifically, the Commission needed to determine whether the AMWU had provided PSN with the necessary details of the ballot and whether the union had complied with the provisions regarding the timing and content of the ballot notice. Additionally, the Commission had to consider whether the AMWU had demonstrated that it had sufficient support from the employees to justify proceeding with the ballot.

In its decision, the Fair Work Commission found that the AMWU had not provided PSN with all the required details of the ballot as stipulated by the Fair Work Act. The Commission highlighted that the notice provided by the AMWU lacked specific information regarding the timing and scope of the proposed ballot, which was essential for PSN to adequately prepare its response. Consequently, the Commission ruled that the AMWU's failure to comply with these procedural requirements invalidated the proposed ballot. The Commission emphasised that adherence to these procedural steps was crucial to ensure that both parties were fully informed and could adequately respond to the proposed industrial action. The Commission's decision effectively prevented the AMWU from proceeding with the ballot until the necessary information was provided and the procedural requirements were met.

The Fair Work Commission ordered that the AMWU must provide PSN with a revised ballot notice that includes all the required details. Until such a notice is provided and PSN has had an opportunity to respond, the AMWU is not permitted to proceed with the ballot. This ruling ensures that both parties have the necessary information to engage in meaningful discussions about the proposed industrial action and comply with the legal requirements set out in the Fair Work Act.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Production Services Network Pty Ltd T/A Wood Group PSN

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established