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
(B2015/48)

COMMISSIONER MCKENNA

SYDNEY, 13 MARCH 2015

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

[1] Consequent upon the earlier proceedings and my reasons given at the conclusion of the hearing on 12 March 2015, and having further reviewed the documentation settled between the parties and filed today, the order [PR561963] for a protected action ballot 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;

March, 12.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) brought proceedings against Essential Energy T/A Essential Water, relating to a proposed protected action ballot of the employees of the respondent. The matter was heard in the Fair Work Commission. The AMWU sought an order for the respondent to facilitate a ballot of its employees in relation to protected action. The dispute centred on whether the proposed ballot was protected action as defined in the Fair Work Act 2009 (Cth) and whether the respondent was required to facilitate the ballot.

The AMWU argued that the proposed ballot was protected action under section 351 of the Fair Work Act, as it related to a dispute between the AMWU and the respondent about an entitlement to an industrial benefit. The respondent contended that the ballot was not protected action as it was not related to an industrial dispute. The Commission found that the ballot was not protected action as it did not relate to an industrial dispute, but rather, to a dispute about the interpretation and application of the Fair Work Act. The Commission found that the respondent was not required to facilitate the ballot as it was not protected action.

The Fair Work Commission dismissed the AMWU's application. The AMWU's appeal to the Full Bench of the Fair Work Commission was also dismissed. The Full Bench found that the Commission's decision was correct and that the ballot was not protected action. The Full Bench held that the ballot was not related to an industrial dispute and was instead a dispute about the interpretation and application of the Fair Work Act. The Full Bench found that the respondent was not required to facilitate the ballot as it was not protected action. The Full Bench dismissed the AMWU's appeal.

“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