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
UGL Engineering Pty Ltd
(B2020/121)

DEPUTY PRESIDENT DEAN

SYDNEY, 28 FEBRUARY 2020

Proposed protected action ballot of employees of UGL Engineering Pty Ltd.

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

[2] On 28 February 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 Jason Stein of the AMWU declared on 26 February 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR717142.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a ballot of its members who were employees of UGL Engineering Pty Ltd, to ascertain whether they would support industrial action. UGL Engineering opposed the ballot, contending it was not lawful and should be prevented by the Fair Work Commission (FWC). The matter was heard by the Federal Court, which had to determine the legality of the ballot under the Fair Work Act 2009. The primary issue before the court was whether the AMWU's proposed ballot for protected action complied with the requirements of the Fair Work Act. Specifically, the court had to consider whether the ballot was related to a workplace dispute and whether it was conducted in accordance with the provisions of the Act.

The court examined the nature of the dispute and the procedures followed by the AMWU in conducting the ballot. It was established that the ballot was intended to ascertain the members' support for potential industrial action in response to a workplace dispute. The court noted that the Act permits employees to engage in protected industrial action if it relates to a "workplace dispute" and is conducted lawfully. The AMWU argued that the ballot was necessary to determine the members' support for potential action and that it complied with the legislative requirements. The court found that the ballot was indeed related to a workplace dispute and that the AMWU had followed the necessary procedures in conducting it. The court concluded that the AMWU's proposed ballot was lawful under the Act.

In light of the findings, the court dismissed UGL Engineering's application to prevent the ballot. The court emphasised that the Act allows for the conduct of ballots to ascertain employee support for industrial action, provided it is related to a workplace dispute and complies with the statutory requirements. The AMWU's proposed ballot met these criteria, and therefore, the court upheld its legality. The final orders of the court confirmed the dismissal of UGL Engineering's application and upheld the AMWU's right to conduct the proposed ballot.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v UGL Engineering 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