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
Smardt Chillers Pty Ltd
(B2021/128)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 2 MARCH 2021

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 (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 2 March 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Joshua Gardner 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 PR727424.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, on behalf of its members employed by Smardt Chillers Pty Ltd, sought a protected action ballot from the Fair Work Commission. The company opposed the ballot on the basis that the industrial dispute was not in accordance with the provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the dispute was an industrial dispute within the meaning of the Act and if the proposed protected action was appropriately categorised as a stoppage in accordance with the Act.

The central legal issue was whether the proposed protected action by the employees constituted a stoppage action as defined by the Fair Work Act. Additionally, the court had to consider whether the dispute was an industrial dispute, as required by the Act, and if the employees' actions were protected under the legislation. The court needed to interpret the provisions of the Act and apply them to the specific facts of the case to determine the validity of the proposed protected action.

In its decision, the Fair Work Commission found that the proposed protected action was indeed a stoppage action as defined in the Fair Work Act. The Commission noted that the employees' intention to stop work constituted a stoppage action, which was protected under the Act. The Commission also determined that the dispute was an industrial dispute within the meaning of the Act, as it involved a disagreement between the employees and their employer over terms of employment or conditions of work. Consequently, the Commission ruled in favour of the Union and granted the protected action ballot to the employees of Smardt Chillers Pty Ltd. This decision allowed the employees to proceed with the ballot to determine whether they wished to take protected industrial action.

The Fair Work Commission ordered that the Australian Manufacturing Workers' Union could conduct a protected action ballot among the employees of Smardt Chillers Pty Ltd. This ruling provided the employees with the legal right to engage in protected industrial action, should they choose to do so following the outcome of the ballot.

“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