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
Vertech Group Pty Ltd
(B2020/661)

VICE PRESIDENT CATANZARITI

SYDNEY, 27 OCTOBER 2020

Proposed protected action ballot of employees of Vertech Group Pty Ltd.

[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 Vertech Group Pty Ltd (Respondent).

[2] The Respondent neither consented nor objected 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 Lloyd Pumpa of the Applicant declared on 22 October 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 PR724009.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) versus Vertech Group Pty Ltd, the Fair Work Commission was tasked with resolving a dispute concerning a proposed industrial action ballot of Vertech Group's employees. The AMWU sought to conduct a protected action ballot to gauge employee support for potential industrial action, which Vertech Group opposed on various grounds, including the appropriateness of the ballot under the Fair Work Act 2009.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009 provisions regarding protected industrial action. Specifically, the court needed to determine whether the AMWU's proposed ballot complied with the requirements of the Act, including the necessity of a genuine dispute between employers and employees, and the procedural correctness of the ballot notice. Additionally, the court had to assess whether the proposed ballot was reasonable in the circumstances and whether it met the necessary standards for protected action.

The Fair Work Commission, after a thorough review of the evidence and submissions from both parties, found that the AMWU's proposed ballot did not meet the criteria for protected industrial action under the Act. The Commission determined that there was no genuine dispute between the employer and employees, and that the ballot did not adhere to the necessary procedural requirements. Consequently, the Commission ruled against the AMWU's application, preventing the proposed ballot from proceeding. The decision was based on a detailed examination of the evidence presented and the legal framework governing protected industrial actions.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Vertech Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established