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
United Pumps Australia
(B2019/216)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 14 MARCH 2019

Proposed protected action ballot of employees of United Pumps Australia.

[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 (Act) for a protected action ballot order in relation to certain employees of United Pumps Australia (Respondent).

[2] On 14 March 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Raoul Wainwright of the Applicant 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 PR705825.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed an application against United Pumps Australia in the Fair Work Commission, seeking authorisation for a protected action ballot among the employees of the respondent company. The AMWU aimed to organise a ballot to potentially initiate industrial action in response to disputes over enterprise agreement negotiations. The union argued that the conditions under which the company was operating were detrimental to the employees, and that the proposed industrial action was a necessary step to address these issues.

The central legal issue the Commission had to decide was whether the proposed industrial action was protected action under the Fair Work Act 2009. Specifically, the Commission needed to determine if the employees were engaging in the proposed action to bring about, or give effect to, a claim in relation to an industrial dispute. The Commission also had to consider whether the proposed action was genuinely for the purpose of giving effect to a claim in relation to an industrial dispute and if it was conducted in accordance with the relevant provisions of the Act.

The Commission found that the proposed industrial action was indeed protected action as it was genuinely for the purpose of giving effect to a claim in relation to an industrial dispute. The union demonstrated that the employees were engaged in the action to address genuine concerns about their working conditions and the terms of the enterprise agreement negotiations. The Commission was satisfied that the proposed action was necessary and proportionate to the issues at hand. Therefore, the Commission authorised the AMWU to conduct the proposed protected action ballot among the employees of United Pumps Australia.

The Fair Work Commission authorised the AMWU to conduct the proposed protected action ballot among the employees of United Pumps Australia, recognising the legitimacy of the union's claims and the necessity of the proposed action to address the industrial dispute.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v United Pumps Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established