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
Toll Transport Pty Limited
(B2018/381)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 MAY 2018

Proposed protected action ballot of employees of Toll Transport Pty 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 Toll Transport Pty Limited (Respondent).

[2] On 18 May 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 Mr J Gardner 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 PR607225.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, on behalf of its members, sought a declaration that a proposed industrial action ballot by Toll Transport Pty Limited employees was unlawful. The matter was heard in the Federal Court of Australia. The union contended that the ballot process failed to comply with the Fair Work Act 2009 and, as a result, the industrial action would be unprotected. Toll Transport Pty Limited argued that the ballot process was lawful and should proceed.

The court was tasked with determining whether the ballot process adhered to the statutory requirements for a lawful ballot under the Fair Work Act. Specifically, the court had to assess whether the ballot notice provided adequate details and whether the timing and method of the ballot were appropriate. The union claimed that the ballot notice was deficient and that the ballot was not conducted within the stipulated timeframe. Toll Transport Pty Limited maintained that the ballot was conducted in accordance with the law and that the union's claims were without merit.

The court examined the provisions of the Fair Work Act and the specifics of the ballot process. It found that the ballot notice was insufficiently detailed and that the timing of the ballot did not comply with the legislative requirements. Consequently, the court held that the proposed industrial action ballot was unlawful. The union's application for a declaration and an injunction was successful.

The court issued a declaration that the proposed ballot was unlawful and granted an injunction preventing Toll Transport Pty Limited from proceeding with the ballot. The union's members would be able to take protected industrial action only if a new, compliant ballot was conducted in accordance with the law.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Toll Transport Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established