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
Stramit Corporation Pty Limited T/A Taurean Door Systems
(B2017/1022)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 30 OCTOBER 2017

Proposed protected action ballot of employees of Stramit Corporation Pty Limited T/A Taurean Door Systems.

[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 Stramit Corporation Pty Limited T/A Taurean Door Systems (Respondent).

[2] On 30 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 PR597244.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), acting on behalf of employees of Stramit Corporation Pty Limited, sought to conduct a protected action ballot among its members. The dispute arose when the union proposed to hold a ballot to gauge employee support for potential industrial action against Stramit Corporation, which operates under the name Taurean Door Systems. The company opposed the ballot, leading to a legal challenge in the Fair Work Commission. The central issue before the commission was whether the proposed ballot was lawful and whether it complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the ballot was genuinely intended to be used in good faith for the purpose of achieving better conditions of employment, as required by the Act.

The commission assessed the union's evidence regarding the legitimacy of the proposed industrial action. It examined the union's assertions that the ballot was necessary to ascertain employee support for potential action in pursuit of improved employment terms and conditions. The court also considered whether the ballot was reasonably necessary and appropriate in the circumstances, taking into account the union's intentions and the context of the proposed action. The company's arguments focused on whether the ballot was being used as a pretext for action that did not genuinely relate to improving employment conditions. Ultimately, the commission concluded that the union had demonstrated a genuine intention to use the ballot for a legitimate purpose, and that the proposed action was reasonably necessary to achieve better conditions of employment.

The Fair Work Commission determined in favour of the union, ruling that the proposed ballot was lawful and in compliance with the Fair Work Act. The commission found that the union had provided sufficient evidence to support the genuineness of its intentions and the necessity of the ballot. Consequently, the union was permitted to proceed with the proposed ballot among its members. This decision underscores the importance of demonstrating the legitimacy of proposed industrial action and the necessity of the action in accordance with the provisions of the Act. The court's ruling ensures that unions can effectively engage with their members to determine support for potential industrial action while remaining compliant with legal requirements.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Stramit Corporation Pty Limited T/A Taurean Door Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established