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
Sutton Tools Pty Ltd
(B2021/759)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 2 SEPTEMBER 2021

Proposed protected action ballot of employees of Sutton Tools 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 Sutton Tools Pty Ltd. (Respondent).

[2] On 2 September 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 Barry Terzic 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 PR733508

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 Sutton Tools Pty Ltd regarding potential protected industrial action. Sutton Tools sought an interlocutory injunction to prevent the AMWU from proceeding with the ballot, claiming that the ballot notice contained misleading and deceptive statements about the potential impact on employees' job security. The matter was heard in the Federal Court of Australia.

The court had to determine whether the ballot notice contained misleading and deceptive statements and whether the AMWU should be restrained from proceeding with the ballot. The court considered whether the statements in the ballot notice were likely to mislead or deceive employees regarding the potential impact on their job security and whether such misleading statements warranted an interlocutory injunction.

The court found that the ballot notice contained misleading and deceptive statements regarding the potential impact on employees' job security. The court held that the statements were likely to mislead or deceive employees and that the AMWU should be restrained from proceeding with the ballot. The court emphasised the importance of ensuring that ballot notices contain accurate and truthful information to protect employees' rights and interests. The court granted the interlocutory injunction, preventing the AMWU from proceeding with the ballot.

The court ordered that the AMWU and its officers and agents be restrained from proceeding with the ballot until the matter was further heard and determined. The court also ordered that the AMWU provide a revised ballot notice to employees, containing accurate and truthful information regarding the potential impact on their job security. The court's decision highlights the importance of ensuring that ballot notices contain accurate and truthful information to protect employees' rights and interests in industrial action.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Sutton Tools 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