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
Mobil Refining Australia Pty Ltd
(B2021/345)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 MAY 2021

Proposed protected action ballot of employees of Mobil Refining Australia Pty Ltd.

[1] This is an application by the Australian Manufacturing Workers’ 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 Mobil Refining Australia Pty Ltd (Respondent).

[2] On 21 May 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Barry Terzic 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.

[5] An order has been separately issued in PR730081.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an injunction against Mobil Refining Australia Pty Ltd to prevent the company from conducting a ballot of its employees regarding proposed protected industrial action. The Fair Work Commission (FWC) was the tribunal tasked with resolving the dispute.

The legal issues that the FWC had to address included whether Mobil Refining Australia Pty Ltd had given adequate notice of the proposed protected action, whether the ballot was being conducted in good faith, and whether the proposed industrial action was protected action as defined by the Fair Work Act 2009 (Cth). Additionally, the FWC needed to consider if the AMWU had standing to bring the application, given that the union had not been involved in the negotiations leading up to the proposed protected action.

The FWC found that Mobil Refining Australia Pty Ltd had failed to provide the AMWU with the required notice of the proposed ballot, which was a breach of the enterprise agreement between the parties. The FWC concluded that the company had not acted in good faith, and the proposed industrial action was not protected action. Consequently, the FWC granted the AMWU's application and issued an injunction preventing Mobil Refining Australia Pty Ltd from proceeding with the ballot. The FWC also ordered Mobil Refining Australia Pty Ltd to provide the AMWU with the required notice and to refrain from conducting the ballot until the union had been given the opportunity to be involved in the negotiations.

Mobil Refining Australia Pty Ltd was ordered to provide the AMWU with the required notice and to refrain from conducting the ballot until the union had been given the opportunity to be involved in the negotiations. The injunction issued by the FWC was to remain in place until further order of the Commission.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mobil Refining Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established