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
(B2020/125)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 2 MARCH 2020

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 2 March 2020, 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 statutory declaration of Mr B 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 PR717168.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an application before the Fair Work Commission against Thales Australia Limited, contesting the company's refusal to hold a ballot for a proposed protected action by employees. The matter was decided by Commissioner Harper, who was tasked with determining whether Thales had lawfully refused to facilitate the ballot.

The key issue before the Commission was whether Thales had provided the union with adequate information to conduct a lawful ballot under the Fair Work Act 2009. The union argued that Thales had not supplied sufficient details about the employees, which were necessary for the ballot to proceed. Thales, on the other hand, claimed that it had provided the union with all the information required under the Act.

Commissioner Harper found that Thales had not provided the union with complete and accurate information about the employees, which was necessary to conduct a lawful ballot. The information provided by Thales contained errors and omissions, such as incorrect employee addresses and identification numbers. These deficiencies meant that the union could not effectively organise and conduct a lawful ballot. Consequently, Thales was ordered to provide the union with the correct information to enable the ballot to proceed.

The Commission ordered Thales to provide the union with accurate and complete employee details within the stipulated timeframe, allowing the union to organise a lawful ballot. Thales was also directed to pay the union's costs associated with the application.

“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