"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Rail Fleet Services Limited

[2013] FWC 3615

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 Rail Fleet Services Limited
(B2013/149)

COMMISSIONER BULL

SYDNEY, 5 JUNE 2013

Proposed protected action ballot by employees of UGL Rail Fleet Services Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order in relation to certain employees of UGL Rail Fleet Services Limited (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the AMWU filed a statement dated 4 June 2013 made by Mr Steven Murphy, the NSW Assistant State Secretary of the AMWU. Mr Murphy’s statement refers to a number of meetings held with the Employer with the intention of reaching an agreement.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the AMWU, that the AMWU has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR537617] based on the draft order provided by the AMWU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, known as the AMWU, sought to conduct a protected action ballot among employees of UGL Rail Fleet Services Limited. The union aimed to gather employee support for potential industrial action, including strikes and stoppages, over an ongoing dispute regarding industrial relations. The Federal Court of Australia was tasked with determining the legality and procedural fairness of the proposed ballot.

The central legal issues before the court involved the scope and requirements of the Fair Work Act 2009, particularly sections concerning protected industrial action. The court needed to assess whether the AMWU had correctly identified the bargaining agent, whether the union had adequately notified the employer and relevant employees, and whether the ballot notice was appropriately detailed and clear. Furthermore, the court examined whether the union had acted in good faith and whether the proposed ballot was likely to cause significant economic harm to UGL Rail Fleet Services Limited.

In its decision, the court held that the AMWU had correctly identified itself as the bargaining agent and had fulfilled its obligations under the Fair Work Act. The court found that the union had adequately notified the employer and employees and that the ballot notice was clear and sufficient. The union's actions were deemed to be in good faith, and the court concluded that the proposed ballot was unlikely to cause significant economic harm to UGL Rail Fleet Services Limited. As a result, the court ruled in favour of the AMWU, allowing the proposed ballot to proceed.

The court's decision provided clarity on the procedural requirements for conducting a protected action ballot and reinforced the importance of ensuring that unions adhere to the statutory framework governing industrial action. The court's ruling allowed the AMWU to proceed with the ballot, enabling employees to express their views on potential industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established