“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

[2017] FWC 5672

[2017] FWC 5672

FAIR WORK COMMISSION

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

(B2017/999)

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]

1. 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.

1. 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]

1. Mr Nicholas Grealy, an AMWU Industrial Officer, filed a statutory declaration.

1. 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.

1. 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.

1. The matter was listed for hearing on 30 October 2017 at 10.00 am.

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

1. 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.

1. 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.

1. 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)

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