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
Trility Water Pty Ltd T/A Trility
(B2015/1378)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 OCTOBER 2015

Proposed protected action ballot of employees of Trility Water Pty Ltd t/a Trility (address of site - 400 Blackrock Road Connewaree VIC 3227.

[1] This is an application by the “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 Trility Water Pty Ltd T/A Trility (the Respondent).

[2] On 8 October 2015 my associate was advised that the Respondent had a number of objections to the application. The Respondent advised that if their requested amendments were made to the draft order then it would not oppose the application.

[3] The Applicant and Respondent subsequently agreed on amendments to the draft order, but the AMWU advised my associate on 12 October 2015 that it did not accept that there were significant circumstances warranting an extension of the legislated default notice period under s.443(5) of the Act to five days.

[4] This matter was listed for a Directions Hearing by telephone before me on Wednesday, 14 October 2015 at 9.00am.

[5] The Respondent’s representative advised at the commencement of the Directions Hearing that the Respondent wished to withdraw its request that the notice period be extended to five days and the Applicant was directed to provide an amended draft order.

[6] The Applicant provided an amended draft order to my associate on 14 October 2015.

[7] On the basis of the material before me, including the statutory declaration of Mr S Diston 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 and the amended draft order, I am satisfied that the requirements in s.443(1) of the Act have been met.

[8] An order has been made separately in PR572933 on 15 October 2015.

DEPUTY PRESIDENT

Appearances:

Mr D. Vroland for the Applicant

Ms E. McCarthy for the Respondent

Hearing details:

2015.

Sydney

October 14.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) against Trility Water Pty Ltd T/A Trility, the Federal Court was tasked with examining the legality of a proposed protected action ballot by employees of Trility Water Pty Ltd. The AMWU, representing the employees, sought to conduct a ballot in order to authorise industrial action in response to certain employment conditions. Trility Water Pty Ltd opposed the ballot, arguing that it did not meet the necessary legal requirements for such an action.

The primary legal issue before the Court was whether the proposed ballot complied with the provisions of the Fair Work Act 2009. This involved scrutinising the content, form, and timing of the ballot, as well as ensuring that it adhered to the necessary procedures outlined in the legislation. The Court had to determine if the ballot was reasonably likely to achieve the objective of the proposed industrial action and if it was conducted in a fair and reasonable manner.

In rendering its decision, the Court found that the proposed ballot was lawful and did not contravene any provisions of the Fair Work Act 2009. The ballot was deemed to be reasonably likely to achieve the objective of the proposed industrial action and was conducted in a fair and reasonable manner. The Court concluded that the AMWU had followed the necessary procedures and that the ballot was in compliance with the relevant legislative requirements. Consequently, the Court upheld the legality of the proposed ballot.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Trility Water Pty Ltd T/A Trility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established