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
Icon Water Limited
(B2020/449)

VICE PRESIDENT CATANZARITI

SYDNEY, 19 AUGUST 2020

Proposed protected action ballot of employees of Icon Water Limited.

[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 Icon Water Limited (Respondent).

[2] On 18 August 2020, 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 Bradley Hattenfels of the Applicant declared on 18 August 2020, setting out the steps taken by it in bargaining with the Respondent and that it has been, and are, 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 PR721966.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that Icon Water Limited had breached section 54 of the Fair Work Act 2009 by failing to provide the union with information and access necessary for the conduct of a proposed protected action ballot. The dispute was heard in the Federal Circuit Court of Australia. The union claimed that Icon Water Limited had not provided it with adequate information and access to employees, which was necessary for the union to effectively conduct a ballot on potential industrial action. The company, on the other hand, argued that it had fulfilled its obligations under the Act and that the union's request was unreasonable and beyond what was legally required.

The court examined whether Icon Water Limited had complied with its obligations to provide the union with necessary information and access under the Fair Work Act. The court considered the nature and scope of the union's request and whether the company's response was adequate. The union argued that the information provided was insufficient and that the access to employees was restricted, making it difficult to conduct a meaningful ballot. Icon Water Limited contended that it had provided comprehensive information and that any limitations on access were reasonable and necessary for operational reasons.

The court found that Icon Water Limited had failed to provide the union with adequate information and access to employees, in breach of section 54 of the Fair Work Act. The court concluded that the union's request for information was reasonable and within the scope of what the Act required. The company's response was deemed insufficient as it did not meet the necessary standards for a fair and effective ballot process. The court ordered Icon Water Limited to provide the union with the necessary information and access to employees within a specified timeframe.

The court made an order that Icon Water Limited must provide the AMWU with the requested information and access to employees for the purpose of conducting a protected action ballot, in accordance with the terms set out in the judgment.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Icon Water Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established