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
Zoological Parks and Gardens Board T/A Zoos Victoria
(B2019/68)

VICE PRESIDENT CATANZARITI

SYDNEY, 31 JANUARY 2019

Proposed protected action ballot of employees of Zoological Parks and Gardens Board.

[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 Zoological Parks and Gardens Board T/A Zoos Victoria (Respondent).

[2] On 29 January 2019, the Fair Work Commission was advised that the Respondent does 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 Mr B Terzic 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 PR704433.

VICE 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 of employees of the Zoological Parks and Gardens Board T/A Zoos Victoria. The dispute arose from an industrial dispute involving the employees' wages and conditions of employment. The Fair Work Commission (FWC) was asked to determine whether the AMWU could lawfully conduct the ballot.

The primary legal issue before the FWC was whether the AMWU had the right to conduct the ballot given that the employees were covered by an existing enterprise agreement. The FWC had to determine whether the ballot was a protected action under section 364 of the Fair Work Act 2009 (Cth). The FWC also had to consider whether the AMWU had complied with the procedural requirements set out in section 365 of the Fair Work Act 2009 (Cth).

The FWC found that the AMWU had the right to conduct the ballot as the employees were covered by an existing enterprise agreement. The FWC also found that the AMWU had complied with the procedural requirements set out in section 365 of the Fair Work Act 2009 (Cth). The FWC concluded that the AMWU could lawfully conduct the ballot. The FWC further found that the Zoological Parks and Gardens Board T/A Zoos Victoria was not entitled to an injunction to prevent the AMWU from conducting the ballot.

The FWC's decision was that the AMWU could lawfully conduct the ballot of employees of the Zoological Parks and Gardens Board T/A Zoos Victoria. The FWC also found that the Zoological Parks and Gardens Board T/A Zoos Victoria was not entitled to an injunction to prevent the AMWU from conducting the ballot. The FWC's decision was based on the legal principles set out in the Fair Work Act 2009 (Cth) and relevant case law. The FWC's decision was binding on the parties and could not be appealed except on limited grounds.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Zoological Parks and Gardens Board T/A Zoos Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established