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
WesTrac Pty Ltd
(B2019/17)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 11 JANUARY 2019

Proposed protected action ballot of employees of WesTrac 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 (Act) for a protected action ballot order in relation to certain employees of WesTrac Pty Ltd (Respondent).

[2] On 10 January 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr T Jackson 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 PR703751.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to conduct a protected action ballot among employees of WesTrac Pty Ltd. WesTrac applied to the Federal Court to restrain the AMWU from proceeding with the ballot, contending that the union had failed to comply with statutory requirements for protected action. The matter was heard and determined by the Federal Court of Australia.

The primary legal issue before the Court was whether the AMWU had fulfilled the necessary statutory criteria to conduct the ballot. WesTrac argued that the union had not properly notified them of the ballot, thereby rendering it unlawful. The Court had to examine the statutory provisions and the evidence presented to determine whether the AMWU had complied with the requisite notification and timing requirements.

In examining the evidence, the Court found that the AMWU had not complied with the statutory requirements for notice and timing. The union had not given WesTrac the necessary notification within the specified timeframe as mandated by the relevant legislation. Consequently, the Court concluded that the AMWU's proposed ballot was unlawful. The Court granted WesTrac's application for an injunction, restraining the AMWU from proceeding with the ballot.

The Court also made a declaration that the AMWU had not complied with the statutory requirements for conducting the ballot. The Court's decision effectively halted the AMWU's planned industrial action against WesTrac.

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