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)
v
Rohm and Haas Australia Pty. Ltd.
(B2018/6)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 8 JANUARY 2018

Proposed protected action ballot of employees of Rohm and Haas Australia 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 Rohm and Haas Australia Pty. Ltd. (Respondent).

[2] On 5 January 2018 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 Mr L White 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 PR599335.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) initiated proceedings against Rohm and Haas Australia Pty. Ltd. in the Federal Circuit Court of Australia, seeking approval of a proposed industrial action ballot. The AMWU aimed to conduct a ballot among its members, who were employees of Rohm and Haas, to determine if they supported protected action. Rohm and Haas contested the ballot, leading to a legal dispute over the union's right to organise such an action.

The court had to determine whether the AMWU was authorised to conduct the proposed ballot. The primary legal issue was whether the ballot fell within the scope of protected industrial action under the Fair Work Act 2009 (Cth). Additionally, the court needed to consider whether the ballot complied with the procedural requirements set out in the Act and whether the AMWU had a genuine industrial dispute with Rohm and Haas.

In its decision, the court examined the provisions of the Fair Work Act and relevant case law to assess the AMWU's authorisation to conduct the ballot. The court concluded that the AMWU had the authority to organise the proposed ballot as it related to a genuine industrial dispute. The union's proposed action was deemed to be within the scope of protected action, and the ballot complied with the procedural requirements of the Act. Consequently, the court ruled in favour of the AMWU, granting approval for the proposed ballot.

The court ordered that the AMWU could proceed with the ballot among its members employed by Rohm and Haas Australia Pty. Ltd. The decision confirmed the union's right to organise the ballot, subject to compliance with the procedural requirements under the Fair Work Act.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Rohm and Haas 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