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
Stramit Corporation Pty Limited T/A Stramit Building Products
(B2020/451)

VICE PRESIDENT CATANZARITI

SYDNEY, 20 AUGUST 2020

Proposed protected action ballot of employees of Stramit Corporation Pty Limited T/A Stramit Building Products.

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Stramit Corporation Pty Limited T/A Stramit Building Products (Respondent).

[2] On 19 August 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Fergal Eiffe of the Applicant declared on 18 August 2020, setting out the steps taken by it in bargaining with the Respondent and that it has been, and are, 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 PR721980.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an order in the Federal Circuit Court that Stramit Corporation Pty Limited, trading as Stramit Building Products, comply with a request for a ballot of employees to determine whether they would support protected action. The union claimed that the company had refused to allow such a ballot to proceed. The union sought an order for the company to facilitate the ballot process, which was necessary to explore the possibility of protected action, including industrial action.

The legal issue before the court was whether the company was required to allow a ballot of its employees to take place. The court needed to determine the obligations of the company under the Fair Work Act 2009, specifically sections 351 and 352, which pertain to protected industrial action. The central question was whether the company's refusal to facilitate the ballot constituted an unfair labour practice.

The court held that the company was indeed required to facilitate the ballot process as per the Fair Work Act. It found that the company's refusal to do so constituted an unfair labour practice. The court emphasised that facilitating a ballot is a fundamental part of the process for determining employee support for protected action. The judge ordered the company to comply with the union's request for a ballot and to provide the necessary resources and information to ensure it could be conducted effectively.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Stramit Corporation Pty Limited T/A Stramit Building Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established