The AMWU was seeking to negotiate a union collective agreement with Mayfield Engineering Pty Ltd and applied to the AIRC for an order for a Protected Action Ballot.
On 30 August 2006 the employer challenged the Union’s application on grounds including that the Union’s draft agreement contained prohibited content; breached the National Code of Practice for the Construction Industry and Implementation Guidelines; and involved pattern bargaining. SDP Acton dismissed an objection by the union to the ABC Commissioner’s intervention.
Hearings continued on 4 and 11 September when the evidence concluded and the parties provided written submissions.
On 22 November, 2006 the Commission handed down its decision in which it found that there were no grounds to prevent the protected action ballot from going ahead.