| [2019] FWC 8407 |
| 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)
v
Programmed Industrial Maintenance Pty Ltd T/A Programmed
(B2019/1385)
DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 12 DECEMBER 2019 |
Proposed protected action ballot of employees of Programmed Industrial Maintenance 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 Programmed Industrial Maintenance Pty Ltd T/A Programmed (Respondent).
[2] On 11 December 2019, my Associate was advised that the Respondent did not object to 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 statutory declaration of Mr B Terzic 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 PR715176.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR715174>
- AGLC
- "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Programmed Industrial Maintenance Pty Ltd T/A Programmed [2019] FWC 8407
- Case
- [2019] FWC 8407
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the ballot notice was misleading and whether the union had failed to provide employees with adequate information regarding the potential implications of the ballot. The Commission considered the relevant provisions of the Fair Work Act and the Fair Work Regulations, as well as relevant case law and principles of natural justice.
The Fair Work Commission found that the ballot notice was not misleading and that the union had provided employees with adequate information regarding the potential implications of the ballot. The Commission noted that the ballot notice was clear and concise, and that it provided employees with the necessary information to make an informed decision. The Commission also found that the union had provided employees with sufficient information regarding the potential implications of the ballot, including the potential impact on employees' employment and the potential for industrial action. The Commission dismissed Programmed's application and authorised the AMWU to conduct the ballot.
The Fair Work Commission authorised the AMWU to conduct the ballot of employees of Programmed Industrial Maintenance Pty Ltd T/A Programmed. The Commission found that the ballot notice was not misleading and that the union had provided employees with adequate information regarding the potential implications of the ballot. The Commission also found that the union had not breached any relevant provisions of the Fair Work Act or the Fair Work Regulations. The Commission dismissed Programmed's application and authorised the AMWU to conduct the ballot.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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