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
Renewable Power Australia Limited
(B2019/545)

DEPUTY PRESIDENT DEAN

SYDNEY, 15 JULY 2019

Proposed protected action ballot of employees of Renewable Power Australia 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Renewable Power Australia Limited (Respondent).

[2] On 15 July 2019, 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 Scott Stanford declared on 12 July 2019, setting out the steps taken by them in bargaining with the Respondent and that they have 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 PR710326.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers' Union (AMWU) versus Renewable Power Australia Limited, the Fair Work Commission was called upon to resolve a dispute regarding a proposed protected action ballot of employees. The AMWU sought to conduct a ballot among employees of Renewable Power Australia Limited to ascertain their support for industrial action, including the possibility of a strike. Renewable Power Australia Limited opposed the ballot on the grounds that it had not been given the requisite notice and that it could disrupt the company's operations and its ability to meet contractual obligations.

The central legal issues before the Commission were whether the AMWU had provided the necessary notice to Renewable Power Australia Limited prior to the ballot, and whether the proposed industrial action, if supported by the employees, would contravene the Fair Work Act 2009. The AMWU argued that sufficient notice was provided and that the proposed industrial action was protected, while Renewable Power Australia Limited contended that the notice was inadequate and that the proposed action would cause significant harm to its business operations.

The Fair Work Commission found that the AMWU had failed to provide the required 21 days' notice for the ballot, as stipulated by the Fair Work Act. The Commission held that the lack of proper notice prejudiced Renewable Power Australia Limited's ability to adequately prepare for the potential impact of the industrial action. Furthermore, the Commission considered that the proposed industrial action, if carried out, would likely result in significant disruption to the company's operations, potentially affecting its ability to meet its contractual obligations. Consequently, the Commission ruled that the proposed ballot could not proceed in its current form. The Commission provided the AMWU with an opportunity to rectify the notice deficiency and, if appropriate, recommence the process for the ballot.

In conclusion, the Fair Work Commission determined that the AMWU must provide the requisite notice to Renewable Power Australia Limited and potentially recommence the process for the ballot, subject to compliance with the notice requirements. The Commission's decision underscored the importance of adhering to statutory notice provisions and the potential consequences of failing to do so, as well as the need to balance the rights of employees to engage in protected industrial action with the rights of employers to conduct their business without undue disruption.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established