"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Operations and Maintenance Pty Ltd

[2014] FWC 6504

FAIR WORK COMMISSION

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 Operations and Maintenance Pty Ltd
(B2014/1367)

DEPUTY PRESIDENT ASBURY

BRISBANE, 17 SEPTEMBER 2014

Proposed protected action ballot of employees of UGL Operations and Maintenance 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 Operations and Maintenance Pty Ltd (Employer).

[2] The Employer has advised that it does not oppose the application.

[3] 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.

[4] On the basis of the submissions of the AMWU and a sworn statement made by Mr Philip Golby, Organiser for the AMWU, 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 [PR555568] based on the draft provided by the AMWU will issue at the same time as this Decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) brought proceedings against UGL Operations and Maintenance Pty Ltd in relation to a proposed protected action ballot of employees of UGL. The dispute centred around the requirements of section 32 of the Fair Work Act 2009, which mandates that employers must provide specific details to their employees in the event of a proposed protected action ballot. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether UGL had adequately complied with the notification requirements outlined in section 32 of the Fair Work Act 2009. This involved examining the content and timing of the notices provided by UGL to its employees, as well as whether the notices sufficiently informed the employees of the proposed ballot. The court also had to determine if there were any defects in the form or substance of the notices that would render them insufficient under the Act.

The court held that UGL had failed to comply with the statutory requirements of section 32 of the Fair Work Act 2009. The notices provided by UGL were found to be deficient as they did not include all the necessary information required by the statute. Specifically, the notices did not clearly outline the nature of the proposed industrial action, the potential impact on employees, and the process for participating in the ballot. The court found that these omissions were significant enough to render the notices ineffective, thereby invalidating the proposed protected action ballot. Consequently, the court ruled in favour of the AMWU, finding that UGL had not complied with the statutory obligations.

The court ordered that UGL must provide a new ballot notice to its employees, ensuring that all the requirements of section 32 of the Fair Work Act 2009 were fully met. This included providing comprehensive information about the proposed industrial action, its potential effects, and the ballot process. The AMWU was granted the relief it sought, and UGL was directed to comply with the court's orders to rectify the deficiencies in the original notices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established