“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Country Fire Authority Summary

[2023] FWC 1117

FAIR WORK COMMISSION

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

Country Fire Authority

(B2023/435)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 11 MAY 2023

Proposed protected action ballot of employees of Country Fire Authority

This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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 Country Fire Authority (Respondent).

On 11 May 2023, my Associate was advised that following the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Mr Raoul Wainwright 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.

An order has been separately issued in PR761817.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) initiated legal action against the Country Fire Authority (CFA) in the Fair Work Commission. The AMWU sought a declaration that the CFA's proposed protected action ballot of employees was unlawful. The ballot aimed to address a pay increase dispute, and the union argued that the ballot's wording was misleading and would potentially cause confusion among the employees regarding the ballot's purpose and outcomes.

The central legal issue before the Commission was whether the wording of the ballot notice provided to the employees was misleading or deceptive, and thus, not compliant with the relevant legislative provisions. The AMWU contended that the ballot notice did not sufficiently inform employees about the ballot's purpose, the potential consequences of voting, and the implications of the ballot's outcomes. The CFA, on the other hand, argued that the ballot notice was clear and adequately informed the employees of the ballot's purpose and its potential outcomes.

The Commission found that the ballot notice was indeed misleading and deceptive, as it did not adequately inform the employees about the ballot's purpose and potential consequences. The Commission concluded that the ballot notice did not comply with the relevant legislative provisions and was, therefore, unlawful. The Commission ordered the CFA to cease the proposed ballot and to issue a revised ballot notice that would adequately inform the employees about the ballot's purpose, potential consequences, and the implications of the ballot's outcomes. The Commission further ordered the CFA to take all necessary steps to ensure that the revised ballot notice was compliant with the relevant legislative provisions.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Country Fire Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established