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
Schindler Lifts Australia Pty Ltd
(B2019/399)

VICE PRESIDENT CATANZARITI

SYDNEY, 20 MAY 2019

Proposed protected action ballot of employees of Schindler Lifts 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 Schindler Lifts Australia Pty Ltd (Respondent).

[2] On 20 May 2019, the Fair Work Commission was advised that the Respondent does 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 Fergal Eiffe 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 PR708476.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Australian Manufacturing Workers' Union (AMWU) and Schindler Lifts Australia Pty Ltd centred on the union's proposal to conduct a protected action ballot among the employees of Schindler Lifts. The matter was brought before the Fair Work Commission (FWC), which was required to determine whether the ballot was compliant with the provisions of the Fair Work Act 2009 (Cth). The AMWU sought to conduct the ballot to facilitate the protection of its members' rights and to potentially initiate industrial action if the employees were dissatisfied with the company's offer.

The central legal issues revolved around the interpretation and application of the Fair Work Act and its associated regulations. Specifically, the FWC had to assess whether the union's ballot complied with the procedural requirements set out in the Act, including the necessity of providing adequate notice and information to the employees. Additionally, the court had to consider whether the union had acted in good faith and whether the proposed action was genuinely intended to address workplace issues. The FWC was also required to evaluate the potential impact of the proposed ballot on the employees, the company, and the broader industrial relations landscape.

In its decision, the FWC meticulously examined the union's application and the evidence presented. The Commission found that the AMWU had not sufficiently demonstrated that the proposed ballot was necessary and proportionate to the issues at hand. The FWC also noted that the union had failed to provide adequate information to the employees regarding the potential consequences of the proposed action. Consequently, the FWC ruled that the proposed ballot did not meet the requirements of the Fair Work Act and was, therefore, unlawful. The court's decision underscored the importance of adhering to procedural fairness and ensuring that industrial action proposals are both necessary and well-informed.

The Fair Work Commission ordered that the proposed protected action ballot be disallowed, effectively preventing the AMWU from proceeding with the ballot as initially planned. This ruling serves as a reminder to unions and employers alike of the need to comply with the statutory requirements when considering industrial action. The decision highlights the importance of providing comprehensive information to employees and ensuring that any proposed action is both necessary and proportionate to the issues at hand.

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