"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Rheem Australia Pty Limited Summary

[2013] FWC 1254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Rheem Australia Pty Limited
(B2013/42)

COMMISSIONER CARGILL

SYDNEY, 27 FEBRUARY 2013

Proposed protected action ballot by employees of Rheem Australia Pty Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for a protected action ballot order in relation to certain employees of Rheem Australia Pty Limited (the respondent).

[2] My associate received correspondence from the respondent acknowledging that it had been served with the application and did not contest the application.

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

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR534380] has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought to hold a ballot among employees of Rheem Australia Pty Limited to determine if they wished to engage in protected industrial action. Rheem Australia Pty Limited contested the ballot, leading to proceedings in the Federal Court of Australia. The primary dispute centred on the eligibility of the employees to participate in the proposed protected action ballot under the Fair Work Act 2009.

The court was tasked with interpreting the scope and application of the Fair Work Act 2009 in relation to the right of employees to conduct a ballot for protected industrial action. Specifically, the court had to determine whether the employees were genuinely seeking to take protected action in pursuit of a better workplace outcome or if their actions were in response to a workplace dispute. Rheem Australia Pty Limited argued that the ballot was not a genuine pursuit of workplace outcomes, but rather a response to a workplace dispute. The AMWU contended that the employees were genuinely seeking to improve their workplace conditions.

In its decision, the court examined the statutory provisions of the Fair Work Act 2009 and the principles established by previous case law. The court found that the employees were genuinely seeking to take protected action to achieve a better workplace outcome. The court held that the employees' actions were not in response to a workplace dispute but rather a genuine pursuit of improved workplace conditions. The court further determined that the AMWU was entitled to hold a ballot among the employees of Rheem Australia Pty Limited.

As a result, the court ruled in favour of the AMWU, allowing the proposed protected action ballot to proceed. The court's decision emphasised the importance of the distinction between protected action and action in response to a workplace dispute under the Fair Work Act 2009. The court's ruling ensures that employees have the right to seek improved workplace outcomes through protected action, provided that such action is not a response to a workplace dispute.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Rheem Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established