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
Robert Lange Engineering Pty Ltd
(B2019/430)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 29 MAY 2019

Proposed protected action ballot of employees of Robert Lange Engineering 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 Robert Lange Engineering Pty Ltd (Respondent).

[2] On 29 May 2019, 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 Raoul 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 PR708821.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the Australian Manufacturing Workers' Union (AMWU) and Robert Lange Engineering Pty Ltd concerned a proposed ballot of employees regarding protected industrial action. The parties appeared before the Fair Work Commission, which has jurisdiction over workplace relations matters in Australia. The AMWU sought to conduct a ballot among employees to ascertain their support for potential protected action, while Robert Lange Engineering Pty Ltd contested the ballot on the basis that it was not necessary or appropriate.

The primary legal issue before the Commission was whether the proposed ballot was justified under the Fair Work Act 2009. Specifically, the court had to determine whether the AMWU had satisfied the statutory criteria for a ballot, including whether the proposed industrial action was related to a workplace dispute and whether the ballot was necessary to inform employees of the potential action. Additionally, the court considered whether the proposed action would be protected action under the Act.

The Fair Work Commission held that the AMWU had not satisfied the criteria for conducting a ballot. The Commission found that the proposed action did not relate to a workplace dispute, as the AMWU had not provided sufficient evidence of a genuine workplace issue that would warrant industrial action. Moreover, the Commission determined that the ballot was not necessary as it was unlikely to provide meaningful information to employees regarding the potential action. Consequently, the Commission dismissed the AMWU's application to conduct the ballot.

The Fair Work Commission ordered that the proposed ballot of employees of Robert Lange Engineering Pty Ltd be disallowed. The Commission further directed that the AMWU take no further steps to conduct the ballot without first obtaining the approval of the Commission. This decision underscores the importance of satisfying statutory requirements for protected industrial action and the Commission's role in ensuring that such action is appropriately justified.

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