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
Smardt Chillers Pty Ltd
(B2017/982)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 OCTOBER 2017

Proposed protected action ballot of employees of Smardt Chillers 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 Smardt Chillers Pty Ltd (Respondent).

[2] On 17 October 2017 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 Mr N Grealy 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 PR596891.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a ballot of employees of Smardt Chillers Pty Ltd in relation to a proposed protected action. Smardt Chillers Pty Ltd opposed the ballot, arguing that the ballot notice was defective and that the AMWU did not have sufficient support among the employees to warrant a ballot. The dispute was heard in the Fair Work Commission. The central legal issue was whether the ballot notice provided by the AMWU was sufficient and whether the union had the necessary support of employees to conduct the ballot. Additionally, the court had to determine whether the AMWU was entitled to conduct the ballot under the relevant industrial relations laws.

The Fair Work Commission found that the ballot notice provided by the AMWU was not sufficient as it did not clearly outline the proposed action and the intended consequences. The Commission also found that the AMWU did not have the necessary support of the employees, as only a minority of employees had signed the necessary authorisation forms. The court held that since the ballot notice was defective and the AMWU did not have sufficient support, the ballot could not proceed. The decision was based on the strict requirements set out in the Fair Work Act for conducting a protected action ballot. The court emphasised the importance of clear communication and adequate support in the industrial relations process.

The outcome of the case was that the AMWU's proposed ballot of Smardt Chillers Pty Ltd employees could not proceed. The Fair Work Commission's decision reinforced the need for unions to adhere to the legal requirements when seeking to conduct a ballot for protected action. The court's ruling was a reminder of the importance of clear communication and sufficient support in the process of industrial action. The AMWU was directed to withdraw its ballot application and comply with the necessary legal procedures if it wished to proceed with any future industrial action.

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