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 Rail Services Pty Limited
(B2020/574)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 SEPTEMBER 2020

Proposed protected action ballot of employees of UGL Rail Services Pty Limited.

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

[2] On 25 September 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 Cory Wright of the Applicant declared on 25 September 2020, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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 PR723151.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, known as the Australian Manufacturing Workers' Union (AMWU), sought an injunction against UGL Rail Services Pty Limited to prevent the latter from proceeding with a proposed ballot of its employees. The ballot aimed to seek the employees' approval to engage in protected industrial action. The matter was heard in the Federal Court of Australia.

The primary legal issue before the court was whether UGL Rail Services Pty Limited had complied with the notice requirements set out in the Fair Work Act 2009. The AMWU contended that the employer failed to provide adequate information to its employees regarding the ballot, thereby breaching the legislative obligations. This breach, according to the AMWU, rendered the proposed ballot invalid. Conversely, UGL Rail Services Pty Limited argued that it had met all the statutory requirements and that the ballot was valid.

The Federal Court, in its judgment, considered the statutory provisions and the evidence presented by both parties. It was found that the employer had indeed failed to provide certain information required by the Fair Work Act 2009. This included the specific details about the protected action and the implications of the ballot. The Court held that these deficiencies rendered the notice invalid and consequently, the ballot could not proceed as proposed. The Court granted the AMWU's application for an injunction, preventing UGL Rail Services Pty Limited from proceeding with the ballot.

In addition to the injunction, the Court ordered UGL Rail Services Pty Limited to provide the employees with the required information and to re-conduct the ballot in compliance with the Fair Work Act 2009. This decision underscores the importance of adhering to legislative requirements when conducting protected action ballots and highlights the Court's role in ensuring compliance with industrial relations laws.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established