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
Renold Australia Proprietary Limited
(B2019/1239)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 28 OCTOBER 2019

Proposed protected action ballot of employees of Renold Australia Proprietary Limited.

[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 Renold Australia Proprietary Limited (Respondent).

[2] On 25 October 2019, my Associate was advised that the Respondent objected to the application on the basis that the Respondent has been negotiating in good faith and proposed ballot questions 6-13 could be very damaging to the business and are unfair methods of protected action to take. The Respondent was asked to provide the statutory basis of its objection. On 28 October 2019, the Respondent advised that if its reasons are not sufficient for a successful objection then it does not wish to be heard and therefore did not identify any statutory basis for its objection.

[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 R Wainwright 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 PR713785.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration from the Fair Work Commission that a proposed protected action ballot of employees of Renold Australia Proprietary Limited was a protected action and that it was not unlawful for the AMWU to conduct the ballot. Renold Australia Proprietary Limited opposed the application. The legal issues before the Commission were whether the proposed ballot was a protected action under section 366 of the Fair Work Act 2009, and whether the ballot was to be taken in accordance with the requirements of section 372 of that Act. The Commission found that the ballot was a protected action and was to be taken in accordance with the requirements of the Act. The Commission found that the ballot complied with the requirements of section 372 of the Act and was therefore lawful.

The AMWU applied for an order declaring that the proposed ballot was a protected action, and that it was lawful to conduct the ballot. The Commission found that the proposed ballot was a protected action and that it complied with the requirements of section 372 of the Act. The Commission found that the proposed ballot was a protected action and that it was lawful for the AMWU to conduct the ballot. The Commission made an order declaring that the proposed ballot was a protected action, and that it was lawful for the AMWU to conduct the ballot.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Renold Australia Proprietary Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established