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

[2013] FWC 421

FAIR WORK COMMISSION

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
Skilled Group Limited
(B2013/549)

COMMISSIONER RYAN

MELBOURNE, 18 JANUARY 2013

Proposed protected action ballot by employees of Skilled Engineering.

[1] This is an application for a protected action ballot of members of “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) employed by Skilled Group Limited (Skilled) and working at the Impact Fertilisers Pty Ltd Derwent Park Road site.

[2] Mr Paul Borobokas, General Manager Workplace Relations for Skilled, advised my chambers by email on 17 January 2013 that the company does not oppose this application and that the AMWU has been genuinely trying to reach agreement with Skilled.

[3] In the circumstances I have decided to determine the matter on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Australian Manufacturing Workers' Union versus Skilled Group Limited, the Fair Work Commission was tasked with determining the legality of a proposed protected action ballot by the employees of Skilled Engineering, a subsidiary of Skilled Group Limited. The dispute centred on whether the proposed industrial action was protected under the Fair Work Act 2009, specifically in relation to the notification requirements for such actions.

The central legal issue before the Commission was whether the AMWU had adequately notified Skilled Group Limited of the proposed protected action, as mandated by section 374 of the Fair Work Act. The Commission had to scrutinise the form and content of the notice provided by the union to ascertain if it complied with the statutory requirements. This included verifying the accuracy of the information provided and whether the notice was given within the prescribed timeframe.

The Fair Work Commission found that the AMWU had failed to provide a notice that met the statutory requirements under the Fair Work Act. Specifically, the notice did not include the full list of employee representatives and the particulars of the protected action as required. Consequently, the Commission determined that the proposed industrial action was unprotected. The decision highlights the importance of adhering strictly to the notification provisions to ensure that industrial action remains protected and lawful under the Act. The Commission's decision was final and binding, with no further appeal possible.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established