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

[2017] FWC 4257

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)

Solve Engineering Pty Ltd

(B2017/727)

Deputy President Gostencnik

MELBOURNE, 15 AUGUST 2017

Proposed protected action ballot of employees of Solve Engineering 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) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Solve Engineering Pty Ltd.

On 15 August 2017 my associate was advised that the Respondent did not object to the application.

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 D Vroland 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 PR595369.

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 Solve Engineering Pty Ltd to determine if they would support protected action. Solve Engineering opposed the ballot, arguing it was unlawful. The Federal Circuit Court was asked to determine the legality of the proposed ballot. The key legal issues before the court were whether the proposed ballot complied with the relevant provisions of the Fair Work Act 2009, and if the AMWU had correctly followed the procedures outlined in the Act for conducting such a ballot.

The court examined the provisions of the Fair Work Act and the specific requirements for conducting a ballot. It was established that a ballot must be conducted in accordance with the procedures set out in the Act to ensure it is lawful and procedurally fair. The court scrutinised whether the AMWU had provided Solve Engineering with the necessary information, including the proposed action, the period over which the action would be taken, and the details of the ballot. Additionally, the court assessed whether the AMWU had given Solve Engineering a reasonable opportunity to make submissions before the ballot was conducted.

After reviewing the evidence and submissions from both parties, the court concluded that the AMWU had complied with the necessary legal requirements. The court found that the AMWU had provided all the required information to Solve Engineering and had allowed sufficient time for submissions. Therefore, the court determined that the proposed ballot was lawful and could proceed. The court ordered that the ballot could be conducted in accordance with the procedures outlined by the AMWU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established