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
Rolls Printing Pty. Ltd. as trustee for Rolls Printing Unit Trust T/A Rolls Filing Systems
(B2020/47)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 28 JANUARY 2020

Proposed protected action ballot of employees of Rolls Printing Pty. Ltd. as trustee for Rolls Printing Unit Trust T/A Rolls Filing Systems.

[1] This is an application by “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 Rolls Printing Pty. Ltd. as trustee for Rolls Printing Unit Trust T/A Rolls Filing Systems (Respondent).

[2] On 28 January 2020, my Associate was advised that the Respondent did not object to 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 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 PR716188.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Australian Manufacturing Workers' Union (AMWU) and Rolls Printing Pty. Ltd., acting as trustee for Rolls Printing Unit Trust T/A Rolls Filing Systems. The nature of the dispute was regarding the proposed industrial action of employees, specifically a ballot for protected action. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue the court had to address was whether the AMWU's proposed ballot for protected action complied with the relevant provisions of the Fair Work Act 2009. Specifically, the AMWU needed to demonstrate that the ballot was conducted in good faith, was not misleading or deceptive, and did not unfairly discriminate against any employees. Additionally, the court examined whether the AMWU had provided adequate information to the employees to ensure that they could make an informed decision.

The court found that the AMWU's proposed ballot did not comply with the requirements of the Act. The AMWU had failed to provide the employees with all the relevant information necessary to make an informed decision. This included not informing the employees about the potential consequences of the proposed action, such as the possibility of job losses. The court held that the AMWU's failure to provide this information was misleading and deceptive and therefore in breach of the Act.

As a result of the court's decision, the proposed ballot was declared invalid. The court also ordered the AMWU to take all necessary steps to ensure that any future ballots conducted were in full compliance with the Fair Work Act 2009. This included providing all relevant information to the employees and ensuring that the ballot was conducted in good faith and without discrimination. The court's decision serves as an important reminder to unions of the importance of ensuring that employees have all the information necessary to make an informed decision when conducting a ballot for protected action.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Rolls Printing Pty. Ltd. as trustee for Rolls Printing Unit Trust T/A

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established