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
Vertest Pty Ltd
(B2020/697)

DEPUTY PRESIDENT DEAN

SYDNEY, 9 NOVEMBER 2020

Proposed protected action ballot of employees of Vertest 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Vertest Pty Ltd (Respondent).

[2] On 9 November 2020, the Fair Work 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 statutory declaration of Phil Golby declared on 5 November 2020, 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 PR724389.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Australian Manufacturing Workers' Union (AMWU) and Vertest Pty Ltd. The dispute centred around a proposed industrial action ballot of employees of Vertest Pty Ltd. The Federal Court of Australia was tasked with determining the legality of the proposed industrial action. The AMWU sought to conduct a ballot of its members, who were employees of Vertest Pty Ltd, to gauge support for potential protected industrial action. Vertest Pty Ltd contested the ballot's validity and sought an injunction to prevent its conduct.

The court was required to resolve whether the proposed ballot complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the AMWU had properly notified Vertest Pty Ltd of the ballot and if the ballot notice provided sufficient detail to enable meaningful consultation. The court also had to consider if the ballot notice was in accordance with the relevant provisions of the Fair Work Act.

The court found that the AMWU had not provided adequate notice to Vertest Pty Ltd regarding the proposed ballot. The notice was deemed insufficient because it did not include a draft of the ballot notice, which is a requirement under the Fair Work Act. The court held that without this information, Vertest Pty Ltd could not properly engage in the required consultation process. Consequently, the court issued an injunction preventing the AMWU from proceeding with the ballot. This decision underscored the importance of adhering to statutory requirements for industrial action notices to facilitate effective employer-employee consultation.

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