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
(B2019/253)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 29 MARCH 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) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Renewable Power Australia Limited (Respondent).

[2] On 28 March 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Ms H Wood 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 PR706331.

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 determine the legality of a proposed ballot for protected action by employees of Renewable Power Australia Limited. The AMWU sought to conduct a protected action ballot in relation to industrial action involving their members who were employed by Renewable Power Australia Limited. Renewable Power Australia Limited opposed the ballot, raising concerns about the potential impact on their operations and the adequacy of the union's proposal.

The central legal issue before the Fair Work Commission was whether the AMWU's proposed industrial action ballot complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to assess whether the ballot complied with section 395, which outlines the requirements for a protected action ballot. The Commission also needed to determine if the proposed action met the criteria for protected action as per section 393 of the Act, which pertains to the nature of the dispute and the appropriateness of the proposed industrial action.

The Fair Work Commission found that the AMWU's proposed industrial action ballot did not meet the statutory requirements set forth in the Fair Work Act. The Commission noted several deficiencies in the AMWU's proposal, including a failure to adequately specify the nature of the industrial action and a lack of clarity regarding the objectives of the proposed protected action. Consequently, the Commission ruled that the proposed ballot did not comply with the legal standards and rejected the AMWU's application to conduct the ballot.

The Fair Work Commission's decision resulted in the AMWU's application for a protected action ballot being dismissed. The Commission's ruling emphasised the importance of ensuring that any proposed industrial action is clearly defined and meets the statutory requirements for a protected action ballot under the Fair Work Act. This case underscores the necessity for unions to provide detailed and precise information when seeking to conduct industrial action, ensuring compliance with legislative standards.

“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