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
Quant Australia Pty Ltd - Fosters Site T/A Quant Australia Pty Ltd
(B2015/1375)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 OCTOBER 2015

Proposed protected action ballot of employees of Quant Australia Pty Ltd - Fosters Site.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act)for a protected action ballot order in relation to certain employees of Quant Australia Pty Ltd – Fosters Site (the Respondent).

[2] On 5 October 2015 my associate was advised that the Respondent did not object to the application but that they would be seeking an undertaking from the Applicant to provide a notice period of seven days for any protected action in relation to the protected action ballot order.

[3] On 13 October 2015 my associate was subsequently advised by the Applicant that it agreed to the undertaking to provide the Respondent with a notice period of seven days.

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

[5] 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 Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[6] An order has been made separately in PR573026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a ballot among employees of Quant Australia Pty Ltd at the Fosters Site regarding proposed protected action. Quant Australia opposed the ballot, leading to a legal dispute that was adjudicated by the Fair Work Commission (FWC). The AMWU argued that the ballot was necessary to inform employees about the proposed action, while Quant Australia contended that the ballot would disrupt business operations and was not justified under the Fair Work Act 2009.

The FWC was tasked with determining whether the AMWU had provided sufficient justification for conducting the ballot, considering factors such as the potential impact on business operations, the nature of the proposed action, and the rights of the employees to be informed. The court had to balance the right of employees to engage in protected industrial action with the employer's rights to maintain business continuity. The FWC examined the evidence presented by both parties and assessed the proportionality and necessity of the proposed ballot in the context of the overall dispute.

In its decision, the FWC found that the AMWU had not provided sufficient justification for conducting the ballot. The Commission concluded that the proposed ballot would cause significant disruption to Quant Australia's operations, outweighing the union's interest in informing employees about the potential action. The FWC held that the AMWU had not demonstrated that the ballot was necessary to achieve its objectives, particularly given the availability of alternative methods to inform employees. Consequently, the FWC ruled that the proposed ballot was not permissible under the Fair Work Act.

The FWC's final orders prohibited the AMWU from conducting the proposed ballot of Quant Australia's employees at the Fosters Site. The Commission emphasised that its decision was narrowly focused on the specific circumstances of this case and did not preclude the AMWU from pursuing other lawful means of communicating with its members. The outcome underscored the importance of carefully considering the potential impact of industrial action on business operations and the need for unions to justify any proposed ballot in accordance with the relevant legislative provisions.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Quant Australia Pty Ltd Fosters Site T/A Quant Australia 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