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
UGL Engineering Pty Ltd
(B2016/956)

COMMISSIONER HUNT

BRISBANE, 7 SEPTEMBER 2016

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

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

[2] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Fair Work Commission (the Commission) considering the application and making the protected action ballot order in the terms of the draft order. The Employer was advised that if no response was received by 4:00pm on Tuesday, 6 September 2016, the Commission would consider that the Respondent does not wish to be heard and that the application would be considered on the basis of the material that has been filed.

[3] The Employer did not contact the Commission in relation to the application.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] The AMWU has filed an affidavit of Mr Terry Bradley, Assistant State Secretary for the AMWU, in support of the application. Mr Bradley is the branch official with responsibility for representing the industrial interests of members employed by the Employer.

[6] I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR585088] based largely on the draft provided by the AMWU will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was a dispute between the Australian Manufacturing Workers' Union (AMWU) and UGL Engineering Pty Ltd. The AMWU sought to conduct a protected action ballot of its members employed by UGL Engineering, aiming to ascertain the members' willingness to participate in industrial action. UGL Engineering opposed the ballot, arguing that the proposed ballot was not in accordance with the necessary statutory requirements and, thus, should not proceed.

The central legal issue for the Commission was whether the proposed ballot complied with the relevant statutory provisions under the Fair Work Act 2009. Specifically, the Commission had to determine whether the ballot notice was appropriately given and whether the ballot itself was conducted in a manner consistent with the legislative requirements. Additionally, the Commission needed to examine the reasonableness of the proposed industrial action and the timing of the ballot.

In assessing these issues, the Commission examined the statutory prerequisites for a protected action ballot. It considered the content and timing of the ballot notice, as well as the manner in which the ballot was conducted. The Commission found that the AMWU had adequately complied with the statutory requirements, including providing sufficient notice and conducting the ballot in a fair and transparent manner. The Commission also considered the reasonableness of the proposed industrial action and the necessity of the ballot. Ultimately, the Commission ruled that the ballot was valid and should proceed, as it found that the AMWU had met all statutory obligations and that the proposed industrial action was reasonable under the circumstances.

The Fair Work Commission ordered that the proposed protected action ballot of the AMWU members employed by UGL Engineering Pty Ltd could proceed as per the union's notice. The Commission emphasised that the ballot must be conducted in accordance with the statutory provisions and that both parties must adhere to the requirements set out in the Fair Work Act.

"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