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
Ventura Motors Proprietary Limited
(B2020/145)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 12 MARCH 2020

Proposed protected action ballot of employees of Ventura Motors Proprietary 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 (Act) for a protected action ballot order in relation to certain employees of Ventura Motors Proprietary Limited (Respondent).

[2] On 11 March 2020, my Associate was advised that the Respondent did not object to 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 Mr J Gardner 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 PR717406.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought an application against Ventura Motors Proprietary Limited concerning a proposed protected action ballot of Ventura's employees. The ballot sought to authorise a stoppage of work in response to an industrial dispute. Ventura Motors argued that the ballot was invalid and sought an injunction to prevent the ballot from proceeding. The Fair Work Commission was the court that heard the matter.

The central legal issues were whether the ballot was valid and whether the Commission had jurisdiction to hear the application. The Commission examined whether the ballot complied with the requirements of the Fair Work Act and whether the application was brought within the prescribed timeframe. Ventura Motors contended that the ballot did not comply with the statutory requirements and that the application was out of time. The AMWU argued that the ballot was valid and that the application was timely.

The Commission found that the ballot was valid and that the application was brought within the appropriate time. The Commission held that the ballot complied with the requirements of the Fair Work Act, including the proper provision of notice and the inclusion of necessary details. The Commission also held that the application was made in a timely manner and that the AMWU had not acted unreasonably. Consequently, the Commission dismissed Ventura Motors' application.

The Commission did not grant Ventura Motors' request for an injunction. The Commission found that there was no basis for an injunction as the ballot had already been conducted and the employees had already voted. The Commission did not consider it necessary to grant an injunction as the potential harm to Ventura Motors had already occurred.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Ventura Motors Proprietary Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established