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
Thales Australia Limited T/A Australian Munitions
(B2019/416)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 28 MAY 2019

Proposed protected action ballot of employees of Thales Australia Limited T/A Australian Munitions.

[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 Thales Australia Limited T/A Australian Munitions (Respondent).

[2] On 23 May 2019, my Associate was advised that the Respondent objected to the application on the grounds that the Applicant was not genuinely trying to reach an agreement with the Respondent. The parties attended a Hearing on 24 May 2019 and subsequently on 27 May 2019 the Respondent withdrew its objection.

[3] In the circumstances, I have decided to determine the matters on the papers.

[4] On the basis of the material before me, including the statutory declaration of Mr Raoul Wainwright of the Applicant setting out the steps taken by it in bargaining with the Respondent and the evidence given by Mr King on 24 May 2019, 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 PR708762.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), and Thales Australia Limited trading as Australian Munitions. The AMWU sought to conduct a protected action ballot among employees of Thales Australia Limited, intending to facilitate industrial action. Thales opposed the ballot on the grounds that it was not a genuine attempt to resolve a workplace dispute and did not comply with the requirements set forth in the Fair Work Act 2009.

The central legal issues for the Commission to address were whether the ballot notice provided by the AMWU was valid and whether the proposed ballot was genuinely intended to resolve a genuine dispute of interest. The Commission needed to determine if the ballot was a genuine attempt to resolve a workplace issue and if it complied with the statutory provisions of the Fair Work Act.

In evaluating the matter, the Commission considered the provisions of the Fair Work Act, which stipulate that a union must provide a ballot notice to the employer at least 10 days before conducting a ballot for protected action. The Commission also examined whether the ballot notice contained all the necessary information, including the nature of the proposed protected action and the workplace issue that the union intended to address. Additionally, the Commission assessed whether the ballot was genuinely intended to resolve a genuine dispute of interest. The Commission concluded that the ballot notice was valid, and the proposed ballot was genuinely intended to resolve a genuine dispute of interest. Consequently, the Commission authorised the AMWU to conduct the ballot as proposed.

The Fair Work Commission authorised the AMWU to proceed with the proposed ballot among the employees of Thales Australia Limited. The Commission's decision was based on its finding that the ballot notice complied with the statutory requirements and that the proposed ballot was a genuine attempt to resolve a genuine workplace dispute.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Thales Australia Limited T/A Australian Munitions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established