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
Transfield Services (Australia) Pty Ltd
(B2015/1559)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 20 NOVEMBER 2015

Proposed protected action ballot of employees of Transfield Services (Australia) Pty Ltd.

[1] This is an application by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Transfield Services (Australia) Pty Ltd (the Respondent).

[2] On 18 November 2015 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 B Terzic of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR574131.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that the proposed protected action ballot of employees of Transfield Services (Australia) Pty Ltd was valid. The Federal Court heard the application and had to decide whether the ballot was valid. The ballot was in response to Transfield's proposed termination of employees' employment contracts and the substitution of those contracts with new ones. The AMWU argued that the ballot was valid and necessary to protect the employees' rights and interests. Transfield, on the other hand, claimed that the ballot was invalid because it did not meet the requirements of the Fair Work Act 2009 (Cth). The court had to consider the relevant provisions of the Fair Work Act and the applicable case law to determine the validity of the ballot.

The court found that the proposed protected action ballot was valid. It held that the ballot was in accordance with the requirements of section 368 of the Fair Work Act, which sets out the conditions for a valid ballot. The court further found that the ballot was necessary to protect the employees' rights and interests, as it related to the proposed termination and substitution of their employment contracts. The court rejected Transfield's argument that the ballot was invalid because it did not provide sufficient information to the employees. The court held that the information provided was sufficient to enable the employees to make an informed decision about whether to support the proposed protected action. The court also found that the ballot was not invalid because it related to the substitution of the employees' contracts, as the substitution was closely related to the termination of their employment.

The court made a declaration that the proposed protected action ballot of employees of Transfield Services (Australia) Pty Ltd was valid. The court found that the AMWU had standing to bring the application on behalf of the employees and that the ballot was in accordance with the requirements of the Fair Work Act. The court held that the ballot was necessary to protect the employees' rights and interests, and that it was not invalid because it related to the substitution of the employees' contracts. The court also found that the information provided to the employees was sufficient to enable them to make an informed decision about whether to support the proposed protected action. The court rejected Transfield's argument that the ballot was invalid and ordered that the ballot proceed as planned.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Transfield Services (Australia) 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