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
Saunders International Limited
(B2018/359)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 11 MAY 2018

Proposed protected action ballot of employees of Saunders International Limited.

[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 Saunders International Limited (Respondent).

[2] On 11 May 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 Ms K Johnston 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 PR607009.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought a claim against Saunders International Limited in the Fair Work Commission, seeking authorisation for a protected action ballot. The AMWU sought to conduct a ballot of employees to gauge their support for potential industrial action, including strikes and stoppages, due to ongoing disputes over workplace conditions and negotiations that had reached an impasse. The AMWU argued that the ballot was necessary to inform the employees about their options and to allow the union to make a strategic decision on proceeding with protected action.

The central legal issue before the Commission was whether the proposed ballot met the criteria set out under the Fair Work Act 2009. Specifically, the Commission had to determine whether the ballot was genuinely intended to inform employees about their options for protected action and whether the proposed industrial action was reasonable in the circumstances. The AMWU argued that the ballot was necessary to ensure that employees were fully informed and could make an informed decision about their support for industrial action. Saunders International Limited, on the other hand, contended that the proposed ballot was not genuinely intended for that purpose and that the proposed industrial action was unreasonable.

The Fair Work Commission found that the AMWU's proposed ballot met the legal requirements. The Commission considered that the ballot was genuinely intended to inform employees and provide them with the opportunity to express their views on potential industrial action. The Commission also found that the proposed action was reasonable, given the protracted negotiations and the failure to reach an agreement on the terms of employment. The Commission emphasised that the employees' right to engage in protected action was a fundamental aspect of the industrial relations framework, and the proposed ballot was a legitimate means to exercise that right.

The Fair Work Commission authorised the AMWU to conduct the proposed ballot, subject to certain conditions. The authorisation allowed the AMWU to proceed with the ballot to ascertain the employees' views on potential industrial action. The Commission's decision recognised the importance of employees being informed about their options and the role of the union in facilitating this process. The authorisation provided a framework within which the AMWU could conduct the ballot, ensuring that the process was fair and that the employees' rights were protected.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established