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
Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines
(B2021/653)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 AUGUST 2021

Proposed protected action ballot of employees of Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines.

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines (Respondent).

[2] On 11 August 2021, the Fair Work Commission was advised that the Respondent did 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 Peter Dalton of the Applicant declared on 9 August 2021, 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 PR732785.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed an application in the Fair Work Commission against Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines, seeking approval for a proposed protected action ballot of employees. The primary dispute centred around the union's request for the employer to provide information necessary to conduct a lawful ballot for protected industrial action. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the union had demonstrated a sufficient basis for the proposed protected action and whether the employer's provision of information was necessary and appropriate for the ballot process. The Commission had to consider the requirements of the Fair Work Act 2009, particularly sections related to protected industrial action and the disclosure of information. The central question was whether the union's request for information was reasonable and necessary to conduct the ballot, and if the employer had any legitimate grounds to withhold such information.

In its decision, the Fair Work Commission determined that the union had established a sufficient basis for the proposed protected action, and that the employer was required to provide the requested information to facilitate the ballot. The Commission found that the union's application was in accordance with the legislative framework, and that the employer's obligations under the Fair Work Act necessitated the disclosure of the necessary information. Consequently, the Commission ordered the employer to provide the union with the information required for the lawful conduct of the ballot. This decision underscored the importance of the legislative provisions governing industrial action and the necessity for employers to comply with their obligations in such matters.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established