Benchmark WA Industrial Relations Case Database

Australian Workers' Union, The v Chemring Australia Pty Ltd

[2017] FWC 169 Fair Work Commission 2017-01-01
Source
Deputy President Gostencnik
Not yet cited by other cases
Applicant: The Australian Workers' Union
Respondent: Chemring Australia Pty Ltd

Ratio

The Deputy President was satisfied on the basis of the applicant's statutory declaration and material that there was a notification time in relation to the proposed agreement and that the requirements under s.443(1) of the Fair Work Act 2009 had been met, warranting the grant of a protected action ballot order.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 5

  • Application made by The Australian Workers' Union under s.437 of the Fair Work Act 2009
  • The respondent did not object to the application
  • The matter was determined on papers without a hearing
  • Applicant's statutory declaration by Mr C Winter set out steps taken in bargaining with the respondent
  • The applicant had been and was genuinely trying to reach agreement with the respondent

Factors

For
  • Statutory declaration evidence showing steps taken in bargaining with respondent
  • Evidence of genuine attempts to reach agreement with the respondent
  • Presence of a notification time in relation to the proposed agreement
  • Satisfaction that requirements of s.443(1) of the Act had been met
  • Respondent did not object to the application
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s437
  • Fair Work Act 2009 (Cth) s443(1)

Concept tags · 3

[P]Protected action ballot order [S]Industrial activity (s347) [S]Good faith bargaining
Archived text (600 words)
1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Workers' Union, The v Chemring Australia Pty Ltd (B2017/23) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 10 JANUARY 2017 Proposed protected action ballot of employees of Chemring Australia Pty Ltd. Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders: 1. PROTECTED ACTION BALLOT TO BE HELD The Australian Workers' Union is to hold a protected action ballot of employees of Chemring Australia Pty Ltd described in clause 3 of this order. 2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT The ballot is to be conducted by the Australian Electoral Commission. 3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED In accordance with s.437(5) of the Act, the employees to be balloted are those who will be covered by the proposed enterprise agreement and are represented by the bargaining representative who is the applicant for this protected action ballot order. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is 9 February 2017. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an enterprise agreement with Chemring Australia Pty Ltd do you authorize protected industrial action against your employer, separately, concurrently and / or consecutively, in the form of: PR589233 ORDER PR589233 2 1. An unlimited number of stoppages of the performance of all work for one hour? Yes [ ] No [ ] 2. An unlimited number of stoppages of the performance of all work for two hours? Yes [ ] No [ ] 3. An unlimited number of stoppages of the performance of all work for four hours? Yes [ ] No [ ] 4. An unlimited number of stoppages of the performance of all work for twenty four hours? Yes [ ] No [ ] 5. An unlimited number of stoppages of the performance of all work for an indefinite period? Yes [ ] No [ ] 6. An unlimited number of periodic or indefinite bans on working overtime. Yes [ ] No [ ] 7. An unlimited number of periodic or indefinite bans on the completion of travel cards and production records. Yes [ ] No [ ] 8. An unlimited number of periodic or indefinite bans on the completion of paper work. Yes [ ] No [ ] 9. An unlimited number of periodic or indefinite bans on performing any task that is not accompanied by an up to date work instruction and HIRA. Yes [ ] No [ ] 10. An unlimited number of periodic or indefinite bans on the training of other operators. Yes [ ] No [ ] 11. An unlimited number of periodic or indefinite bans on the locking of the building at the end of the day. Yes [ ] No [ ] 12. An unlimited number of periodic or indefinite bans on the answering of emails Yes [ ] No [ ] 13. An unlimited number of periodic or indefinite bans on doing rework. Yes [ ] No [ ] PR589233 3 14. An unlimited number of periodic or indefinite bans on the ordering of stock for production. Yes [ ] No [ ] 15. An unlimited number of periodic or indefinite bans on the use of Trolley Jacks Yes [ ] No [ ] 16. An unlimited number of periodic or indefinite bans on the stacking and strapping of product onto pallets. Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>