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
Quickstep Technologies Pty Ltd
(B2018/839)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 17 SEPTEMBER 2018

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

[2] On 17 September 2018, 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 J Stewart 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 PR700478.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Australian Manufacturing Workers' Union (AMWU) and Quickstep Technologies Pty Ltd centred around a proposed protected action ballot of the employees of Quickstep Technologies. The case was heard in the Fair Work Commission, which is responsible for resolving workplace disputes in Australia. The AMWU sought to hold a ballot to determine if its members, who were employees of Quickstep Technologies, would support a protected industrial action. Quickstep Technologies contested the ballot, arguing that the AMWU did not have the requisite support of the majority of the relevant employees.

The primary legal issue before the Commission was whether the AMWU had demonstrated sufficient support from the employees of Quickstep Technologies to proceed with a protected action ballot. This required the AMWU to show that a majority of the relevant employees supported the ballot, as mandated by the Fair Work Act 2009. Quickstep Technologies argued that the AMWU had not provided adequate evidence of this support, and that the proposed ballot was therefore invalid.

In determining the matter, the Commission examined the evidence provided by the AMWU regarding the level of employee support for the ballot. The Commission found that the AMWU had not provided sufficient evidence to demonstrate majority support, as required by the Fair Work Act. Consequently, the Commission ruled that the proposed ballot was invalid, and the AMWU was not permitted to proceed with the ballot as planned. The decision underscored the importance of meeting the statutory requirements for protected industrial action in Australia.

The Fair Work Commission ordered that the proposed ballot of employees of Quickstep Technologies Pty Ltd could not proceed. The AMWU was required to cease its efforts to conduct the ballot and was not permitted to take any further steps to hold it. This ruling was based on the finding that the AMWU had not satisfied the legal requirements for majority support among the relevant employees.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Quickstep Technologies 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