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
Ventia Pty Ltd T/A Broadspectrum
(B2021/147)

DEPUTY PRESIDENT DEAN

SYDNEY, 9 MARCH 2021

Proposed protected action ballot of employees of Ventia Pty Ltd T/A Broadspectrum.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Ventia Pty Ltd T/A Broadspectrum (Respondent).

[2] On 9 March 2021, the 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 declaration of Steve Franklin of the AMWU made on 8 March 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR727606.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed a case against Ventia Pty Ltd T/A Broadspectrum, challenging the company's decision to refuse a proposed ballot of its employees regarding protected action. The Federal Court of Australia was tasked with determining whether the AMWU had the right to conduct such a ballot under the Fair Work Act 2009. The AMWU argued that the ballot was a necessary step to facilitate protected action, which would involve potential industrial action such as strikes or work stoppages.

The legal issues before the Court included whether the AMWU's proposed ballot met the criteria for a protected action ballot as outlined in the Fair Work Act, and whether the AMWU had demonstrated a sufficient basis for the proposed action. The Court had to examine the provisions of the Act and the circumstances surrounding the proposed ballot to determine if it complied with the legal requirements. Additionally, the Court assessed whether the AMWU had provided adequate information and justification to support the need for the ballot.

In delivering its judgment, the Court found that the AMWU's proposed ballot did not meet the statutory criteria for a protected action ballot. The Court emphasised that a ballot must be conducted for the purpose of ascertaining whether employees wish to take protected action, and that the AMWU had not demonstrated a sufficient basis for the proposed action. The Court also noted that the AMWU had not provided sufficient information to support the necessity of the ballot. Consequently, the Court ruled in favour of Ventia Pty Ltd T/A Broadspectrum, determining that the company's refusal to permit the ballot was justified under the circumstances.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Ventia Pty Ltd T/A Broadspectrum

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established