"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Stramit Corporation Pty Ltd trading as Stramit Building Products Summary

[2013] FWC 3191

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)
v
Stramit Corporation Pty Ltd trading as Stramit Building Products
(B2013/129)

COMMISSIONER CARGILL

SYDNEY, 22 MAY 2013

B2013/129 Proposed protected action ballot by employees of Stramit Corporation Pty Ltd trading as Stramit Building Products.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for a protected action ballot order in relation to certain employees of Stramit Corporation Pty Ltd trading as Stramit Building Products.

[2] My associate was advised by a representative of the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the AMWU had been and was genuinely trying to reach an agreement). This has been confirmed in emailed correspondence. The AMWU has provided a Statement addressing the statutory grounds.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR537103] based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) sought approval for a ballot of its members employed by Stramit Corporation Pty Ltd trading as Stramit Building Products. The union aimed to take protected action, including a strike, due to an ongoing industrial dispute. The Commission had to determine whether the proposed action was protected action within the meaning of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed action by the union's members was genuinely for the purpose of advancing their industrial objectives. The Commission needed to consider the nature and purpose of the proposed action, whether it was reasonably likely to result in an improvement in the industrial circumstances of the employees, and whether the action complied with the procedural requirements of the Act.

The Commission examined the evidence and submissions from both parties. It concluded that the proposed action was genuinely for the purpose of advancing the industrial objectives of the union's members. The Commission found that the proposed action was reasonably likely to result in an improvement in the industrial circumstances of the employees, and that it complied with the procedural requirements of the Act. Therefore, the Commission approved the ballot and authorised the union to conduct it.

The Fair Work Commission approved the proposed ballot of employees of Stramit Corporation Pty Ltd trading as Stramit Building Products and authorised the union to conduct it. The Commission found that the proposed action was genuinely for the purpose of advancing the industrial objectives of the employees and that it was reasonably likely to result in an improvement in their industrial circumstances. The Commission also found that the proposed action complied with the procedural requirements of the Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established