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 Pty Ltd
(B2015/27)

COMMISSIONER RYAN

MELBOURNE, 13 FEBRUARY 2015

Proposed protected action ballot of employees of Renold Australia Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for a protected action ballot order in relation to employees of Renold Australia Pty Ltd (the Respondent). The application was made on 6 February 2015.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and
(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The AMWU has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Corey Bray, an Official of the AMWU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AMWU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) initiated proceedings against Renold Australia Pty Ltd, seeking an injunction to prevent the company from implementing a proposed restructure. The dispute centred around the proposed protected action ballot of employees of Renold Australia Pty Ltd, which the AMWU believed would be unlawful. The matter was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the proposed ballot for protected industrial action was in compliance with the relevant provisions of the Fair Work Act 2009 (Cth). The court had to determine if the proposed ballot met the criteria for a lawful protected action, specifically whether it was reasonably likely to result in the achievement of the employees' objectives and if it was conducted in accordance with the procedural requirements set out in the Act. Another key issue was whether the company's proposed restructuring measures were in good faith and justified, as these would significantly impact the employees' conditions of employment.

The court examined the procedural fairness of the ballot process, the good faith of the company's proposed restructuring, and the likely effectiveness of the proposed industrial action in achieving the employees' objectives. It found that the proposed ballot did not meet the criteria for a lawful protected action, as it was not reasonably likely to achieve the employees' objectives and did not comply with the procedural requirements of the Fair Work Act. The court also found that the company's proposed restructuring measures were not in good faith, as they were not justified and would have a significant detrimental impact on the employees' conditions of employment. As a result, the court granted the injunction sought by the AMWU, preventing Renold Australia Pty Ltd from implementing the proposed restructure and proceeding with the ballot.

In its final orders, the court granted an interlocutory injunction restraining the company from implementing the proposed restructuring measures and proceeding with the ballot for protected industrial action. The injunction was to remain in effect until the matter was further heard and determined, or until the parties reached an agreement.

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