DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Maribyrnong City Council
(B2019/770)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 SEPTEMBER 2019

Proposed protected action ballot of employees of Maribyrnong City Council.

[1] This is an application by the Australian Municipal, Administrative, Clerical and Services Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Maribyrnong City Council (Respondent).

[2] On 13 September 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 Ms J Karslake 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 PR712380.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union brought an action against the Maribyrnong City Council in the Fair Work Commission, seeking a declaration that the Council had not complied with its obligations under the Fair Work Act 2009 to provide certain information to the Union in relation to a proposed protected action ballot of employees of the Council. The Union sought an order for the Council to provide the information, as well as compensation for the loss and damage suffered by the Union and its members as a result of the Council's failure to provide the information. The legal issues before the Commission were whether the Council had failed to provide the Union with the required information, and if so, whether the Union was entitled to compensation for the loss and damage suffered as a result of the failure.
The Commission found that the Council had failed to provide the Union with the required information, and that the Union was entitled to compensation for the loss and damage suffered as a result of the failure. The Commission found that the Council's failure to provide the information was a serious breach of its obligations under the Fair Work Act, and that the Union had suffered loss and damage as a result of the failure. The Commission ordered the Council to provide the information to the Union, and to pay compensation to the Union in the amount of $10,000, together with interest and costs.

The Commission's decision provides important guidance on the obligations of employers to provide information to unions in relation to protected action ballots, and the potential consequences of failing to do so. Employers should ensure that they comply with their obligations under the Fair Work Act to provide information to unions in a timely and accurate manner, in order to avoid potential penalties and compensation claims. The decision also highlights the importance of effective communication and cooperation between employers and unions in the workplace.

Australian Municipal, Administrative, Clerical and Services Union v Maribyrnong City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established