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
Roblan Pty Ltd
(B2021/950)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 OCTOBER 2021

Proposed protected action ballot of employees of Roblan 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Roblan Pty Ltd (Respondent).

[2] On 6 October 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of John Stewart of the Applicant declared on 5 October 2021, 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 PR734659.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought proceedings against Roblan Pty Ltd concerning a proposed protected action ballot of employees of Roblan. The matter was heard in the Federal Circuit Court of Australia. The AMWU sought an order to prevent Roblan from proceeding with a ballot of its employees regarding protected industrial action. The union argued that the ballot notice provided by Roblan was deficient in several respects, including that it did not contain sufficient information for employees to make an informed decision.

The court was required to determine whether the ballot notice complied with the relevant provisions of the Fair Work Act 2009. In particular, it needed to assess whether the notice contained sufficient information to allow employees to make an informed decision about whether to participate in the proposed protected action. The court also had to consider whether the deficiencies in the notice were material and whether they rendered the ballot invalid.

The court found that the ballot notice was deficient in several respects. While it contained some information about the proposed protected action, it failed to provide employees with critical details, including the specific changes to their employment terms and conditions that were being sought. The court held that these deficiencies were material and that the notice did not contain sufficient information for employees to make an informed decision. As a result, the court granted the AMWU's application and ordered that Roblan was not permitted to proceed with the ballot. The court found that the deficiencies in the notice were serious and that they undermined the integrity of the protected action process. The court held that the notice did not comply with the requirements of the Fair Work Act, and that the ballot could not proceed in its current form.

The court made an order that Roblan was not permitted to proceed with the ballot of its employees regarding protected industrial action. The order required Roblan to provide its employees with a new ballot notice that contained sufficient information for employees to make an informed decision. The order also required Roblan to take steps to ensure that any future ballot notices complied with the requirements of the Fair Work Act.

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