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

[2013] FWC 1163

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 Resources Pty Ltd
(B2013/643)

COMMISSIONER SIMPSON

BRISBANE, 19 FEBRUARY 2013

Proposed protected action ballot by employees of UGL Resources 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 (AMWU). The AMWU seeks a protected action ballot order in relation to certain employees of UGL Resources Pty Ltd.

[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] I am satisfied that the requirements in ss 443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order, PR534256, based 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

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) sought authorisation for a protected action ballot among employees of UGL Resources Pty Ltd. The union aimed to initiate a series of protected actions in response to the employer's proposal to change the terms and conditions of employment of certain employees. The employer, UGL Resources, contested the union's application on various grounds, including that the proposed protected action did not relate to a workplace matter and was not in accordance with the applicable industrial instruments.

The central legal issue before the Commission was whether the proposed protected action related to a workplace matter and complied with the relevant industrial instruments. The Commission had to examine the scope of the proposed protected action and determine whether it was reasonably likely to result in employees taking protected action. Additionally, the Commission needed to assess whether the proposed action was in accordance with the applicable industrial instruments and whether it related to a workplace matter, as required by the Fair Work Act 2009.

After considering the evidence and arguments presented by both parties, the Commission concluded that the proposed protected action related to a workplace matter and was in accordance with the applicable industrial instruments. The Commission found that the proposed action was reasonably likely to result in employees taking protected action and that the union's application met the requirements of the Fair Work Act 2009. Consequently, the Commission authorised the union to conduct the protected action ballot.

The Fair Work Commission authorised the AMWU to conduct a protected action ballot among employees of UGL Resources Pty Ltd in relation to the proposed changes to their terms and conditions of employment. The decision confirmed that the proposed protected action related to a workplace matter and was in accordance with the relevant industrial instruments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established