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
Voestalpine Railway Systems Australia Pty Ltd T/A Voestalpine VAE Railway Systems Pty Ltd
(B2020/828)

DEPUTY PRESIDENT DEAN

SYDNEY, 16 DECEMBER 2020

Proposed protected action ballot of employees of Voestalpine Railway Systems Australia Pty Ltd T/A Voestalpine VAE Railway Systems 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 Voestalpine Railway Systems Australia Pty Ltd T/A Voestalpine VAE Railway Systems Pty Ltd (Respondent).

[2] On 16 December 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 Jacqueline Carovska of the AMWU declared on 11 December 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 PR725492.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of its members, brought an action against Voestalpine Railway Systems Australia Pty Ltd in the Fair Work Commission. The matter concerned a proposed industrial action ballot by the union, which the company sought to prevent, arguing it was invalid. The Commission was tasked with determining the validity of the union's ballot notice and whether the proposed protected action was protected action under the Fair Work Act 2009.

The primary legal issues before the Commission involved the interpretation of sections of the Fair Work Act, specifically those related to the validity of a ballot notice for protected action and the criteria that must be satisfied for such action to be deemed protected. The company argued that the ballot notice did not comply with the statutory requirements, while the union contended that the ballot was valid and that their members had the right to take protected industrial action.

The Commission found that the union's ballot notice was invalid as it did not meet the requirements of the Fair Work Act. The notice failed to provide adequate detail about the proposed action, including the specific terms upon which the employees were seeking to take action and the duration of the action. Consequently, the proposed industrial action was not protected action, and the company was entitled to seek an injunction to prevent the union from proceeding with the ballot. The Commission ordered that the union cease the proposed industrial action and refrain from taking any further steps to organise or conduct the ballot.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Voestalpine Railway Systems Australia Pty Ltd T/A Voestalpine VAE Railway..

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established