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
QinetiQ Pty Ltd
(B2017/930)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 10 OCTOBER 2017

Proposed protected action ballot of employees of QinetiQ 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 QinetiQ Pty Ltd (Respondent).

[2] On 10 October 2017 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr N Grealy 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 PR596713.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Manufacturing Workers' Union (AMWU) sought a declaration that the employer, QinetiQ Pty Ltd, had failed to provide information to the union in accordance with a relevant award and industrial instruments. The dispute arose from a proposed protected action ballot by the employees of QinetiQ. The case was heard in the Fair Work Commission.

The primary issue for the Commission to decide was whether the employer had contravened the applicable industrial instruments by failing to provide information to the union in relation to the proposed protected action ballot. Specifically, the Commission had to determine whether the employer's actions constituted a failure to provide information, and if so, whether such failure was in breach of the relevant industrial provisions.

The Commission found that the employer had indeed failed to provide the union with information regarding the proposed protected action ballot. The employer had provided information only to the union representative, and not to the union as a whole. The Commission held that this constituted a failure to provide information to the union, in breach of the relevant industrial provisions. The Commission noted that the employer's actions were not in line with the principles of good faith bargaining, and that the failure to provide information had the potential to undermine the union's ability to effectively represent its members.

The Commission made a declaration that the employer had failed to provide information to the union in relation to the proposed protected action ballot, in breach of the relevant industrial instruments. The Commission ordered the employer to provide the union with the relevant information and to take steps to ensure compliance with the industrial instruments in the future.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established