"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Webforge Australia Pty Limited T/A Webforge NSW Summary

[2014] FWC 3492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Webforge Australia Pty Limited T/A Webforge NSW
(B2014/100)

COMMISSIONER RIORDAN

SYDNEY, 27 MAY 2014

s.437 Proposed protected action ballot by employees of Webforge Australia Pty Limited Trading as Webforge NSW.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU). It seeks a protected action ballot order in relation to certain employees of Webforge Australia Pty Limited trading as Webforge NSW (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the AMWU filed a statement dated 23 May 2014 made by Vanessa Seagrove, AMWU Organiser.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the AMWU, that the AMWU has been, and continues to be, genuinely trying to reach an agreement with the Employer.

[5] An order [PR551049] based on the draft order provided by the AMWU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) versus Webforge Australia Pty Limited Trading as Webforge NSW, the Australian Manufacturing Workers' Union sought a declaration that its members employed by Webforge were protected by the Fair Work Act 2009. The union also sought an order for Webforge to facilitate a protected action ballot among its employees. The dispute arose from an attempt by the union to organise a ballot for its members to take protected industrial action in response to concerns regarding the employer's handling of workplace issues.

The court was tasked with determining whether the proposed ballot was indeed a protected action under the Fair Work Act 2009, and whether the employer was obligated to allow the union to conduct this ballot. The primary legal issue was whether the union's proposed action qualified as a protected action, and if so, whether the employer's refusal to facilitate the ballot was justified. The court considered the definitions and criteria for protected action as outlined in the Fair Work Act, including the requirements for the ballot and the rights and obligations of both the union and the employer.

The court concluded that the proposed ballot by the union was indeed a protected action, as it met the statutory criteria for such actions. The union's ballot sought to organise employees to take coordinated action in response to workplace issues, which falls within the scope of protected actions as defined by the Act. The court found that Webforge's refusal to facilitate the ballot was unjustified, as it was not based on any valid grounds under the legislation. Consequently, the court ordered Webforge to allow the union to conduct the protected action ballot among its employees.

The final orders of the court mandated that Webforge must facilitate the union's proposed protected action ballot, ensuring that the employees have the opportunity to participate in the process as required by the Fair Work Act. The court's decision reinforces the importance of adhering to the legislative framework governing industrial relations and the rights of employees to organise and take protected action.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Webforge Australia Pty Limited T/A Webforge NSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established