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
Thales Australia Limited
(B2018/1167)

DEPUTY PRESIDENT MASSON

MELBOURNE, 11 DECEMBER 2018

Proposed protected action ballot of employees of Thales Australia Limited.

[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 Thales Australia Limited (Respondent).

[2] On 11 December 2018, 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 Ms R Fortescue 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 PR703033.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot among employees of Thales Australia Limited. The company, Thales, opposed the ballot on the grounds that it was not related to an industrial dispute and that the ballot notice did not comply with statutory requirements. The dispute was heard in the Fair Work Commission (FWC), with the AMWU arguing that the ballot was valid and related to an industrial dispute, while Thales contended that the ballot was invalid and unrelated to any dispute.

The FWC considered whether the proposed ballot was related to an industrial dispute and whether the ballot notice complied with the relevant statutory requirements. The FWC examined the nature of the proposed industrial action, the terms of the ballot notice, and the evidence provided by both parties. The AMWU argued that the proposed industrial action was related to an industrial dispute concerning wages and conditions, while Thales maintained that the proposed action was not related to any dispute and that the ballot notice did not comply with the statutory requirements.

In its decision, the FWC found that the proposed ballot was related to an industrial dispute and that the ballot notice complied with the relevant statutory requirements. The FWC determined that the proposed industrial action was related to an industrial dispute concerning wages and conditions and that the ballot notice was valid. The FWC rejected Thales' argument that the ballot was unrelated to any dispute and that the ballot notice did not comply with the statutory requirements. The FWC ordered Thales to facilitate the conduct of the proposed ballot in accordance with the FWC's directions.

The FWC's decision highlights the importance of ensuring that proposed industrial action is related to an industrial dispute and that the ballot notice complies with the relevant statutory requirements. The FWC's decision also underscores the importance of facilitating the conduct of valid protected action ballots, even in the face of opposition from employers.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established