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
Essential Energy T/A Essential Water
(B2015/644)

COMMISSIONER MCKENNA

SYDNEY, 22 JULY 2015

Proposed protected action ballot of employees of Essential Energy T/A Essential Water.

[1] Further to the reasons given at the conclusion of proceedings today, and noting that Essential Energy T/A Essential Water did not oppose this application for a protected action ballot order given the agreed amendments to the draft order, the order [PR569723] now issues.

COMMISSIONER

Appearances:

L. Saunders for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

K. Peacock-Smith, solicitor, for Essential Energy T/A Essential Water.

Hearing details:

2015.

Sydney (via telephone);

July, 22.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the Australian Manufacturing Workers' Union (AMWU) and Essential Energy T/A Essential Water involved a proposed industrial action ballot of the employees of Essential Energy. The AMWU sought to conduct a protected action ballot to gauge employee support for potential industrial action, which was opposed by Essential Energy. The Fair Work Commission (FWC) was the court that dealt with this matter. The central legal issues before the FWC were whether the proposed industrial action ballot by the AMWU was protected action under the Fair Work Act 2009 and whether the ballot could proceed in light of the specific provisions of the Water Industry Act 1994 (Cth).

The FWC examined the nature of the proposed industrial action ballot, focusing on whether it complied with the requirements of the Fair Work Act. The Commission considered the definitions and scope of protected action and the specific circumstances of the employees of Essential Energy. The AMWU argued that the ballot was a form of protected action necessary for negotiating enterprise agreements and resolving workplace issues. Essential Energy contended that the proposed ballot was not protected action due to the unique regulatory environment in which the company operates, governed by the Water Industry Act. The FWC concluded that the ballot was indeed protected action under the Fair Work Act and that the specific regulatory context of the Water Industry Act did not preclude the AMWU from conducting the ballot. The Commission found that the proposed action was a legitimate part of the union's activities to advocate for its members' interests.

Consequently, the FWC ruled in favour of the AMWU, allowing the proposed industrial action ballot to proceed. The Commission determined that the AMWU's actions were consistent with the protections afforded by the Fair Work Act, and the specific provisions of the Water Industry Act did not override these protections. The final order of the FWC was that the AMWU could proceed with the proposed industrial action ballot of Essential Energy's employees.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Essential Energy T/A Essential Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established