"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Schindler Lifts Australia Pty. Ltd

[2018] FWC 2577

FAIR WORK COMMISSION

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)

Schindler Lifts Australia Pty. Ltd.

(B2018/348)

Deputy President Gostencnik

SYDNEY, 9 MAY 2018

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

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).

On 8 May 2018 my associate was advised that the Respondent neither consented nor objected to the application. The Respondent did not wish to be further heard.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr B Terzic 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.

An order has been separately issued in PR606910.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought a case against Schindler Lifts Australia Pty. Ltd. The matter was heard in the Fair Work Commission. The union sought to conduct a protected action ballot among the employees of Schindler Lifts, aiming to gather support for potential industrial action. The company opposed the ballot, arguing that it did not meet the legal requirements for a protected action ballot under the Fair Work Act 2009. The court was required to determine whether the union's proposed ballot complied with the legislative provisions concerning protected industrial action.

The court examined the requirements for a protected action ballot as stipulated in the Fair Work Act. It assessed whether the ballot notice contained the necessary information, including the proposed action, the reasons for the action, and the potential impact on the employees and the employer. The court also considered whether the union had complied with the procedural requirements, such as providing a copy of the ballot notice to the employer and ensuring that the ballot was conducted in a fair and lawful manner. The company argued that the ballot notice lacked specific details about the proposed action and its implications, which the union countered by asserting that the notice provided sufficient information for the employees to make an informed decision.

In its decision, the Fair Work Commission found that the union's ballot notice did not adequately inform the employees of the proposed action and its potential impact. The court held that the notice failed to specify the nature of the industrial action, the reasons for the action, and the potential consequences for the employees and the employer. Consequently, the commission determined that the ballot did not meet the legal requirements for a protected action ballot. As a result, the union's application to conduct the ballot was dismissed. The Fair Work Commission emphasised the importance of providing clear and comprehensive information in the ballot notice to ensure that employees can make informed decisions about supporting industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established