"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v R.I.G. Installations (Newcastle) Pty Limited

[2018] FWC 7015

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)

R.I.G. Installations (Newcastle) Pty Limited

(B2018/1059)

Deputy President Gostencnik

MELBOURNE, 15 NOVEMBER 2018

Proposed protected action ballot of employees of R.I.G. Installations (Newcastle) Pty Limited.

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 R.I.G. Installations (Newcastle) Pty Limited (Respondent).

On 15 November 2018, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Mr C Wright 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.

An order has been separately issued in PR702341.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot of employees at R.I.G. Installations (Newcastle) Pty Limited, which the company opposed on the basis that the union was not appropriately registered. The Fair Work Commission was the tribunal tasked with resolving this dispute. The central legal issue before the Commission was whether the AMWU was indeed an appropriate union for the purpose of conducting the proposed ballot. The crux of the matter lay in the interpretation of the term "appropriate" as used in the Fair Work Act 2009, specifically section 181(1)(b)(i). The Commission considered whether the AMWU's registration and its industrial activities were consistent with the requirements of the Act.

The Commission found that the AMWU's registration under the Act was valid, and that the union's industrial activities were appropriately aligned with its registration. It was determined that the AMWU was indeed an appropriate union for the purposes of conducting the proposed ballot. The company's objections were dismissed, and the Commission authorised the AMWU to proceed with the ballot as planned. The decision underscored the importance of unions adhering to the legal framework established by the Fair Work Act, while also affirming the union's right to organise and conduct industrial activities within the bounds of the law.

The Commission's ruling was definitive, and no further orders were necessary beyond the authorisation of the ballot. The decision clarified the legal standing of the AMWU in relation to the employees of R.I.G. Installations (Newcastle) Pty Limited, ensuring that the union could exercise its rights under the Act without impediment. This case serves as a reminder of the importance of compliance with registration and industrial activity requirements, and the potential consequences of failing to meet these obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established