"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Ridders Fresh Pty Ltd T/A Tibaldi Smallgoods

[2013] FWC 1296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.229 - Application for a bargaining order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Ridders Fresh Pty Ltd T/A Tibaldi Smallgoods
(B2013/645)

COMMISSIONER ROE

MELBOURNE, 28 FEBRUARY 2013

Application to revoke bargaining order.

[1] Further to the Decision issued on 27 February 2013 [[2013] FWC 1250] and the Order issued on 21 February 2013 [PR534318], Ridders Fresh Pty Ltd T/A Tibaldi Smallgoods (the employer or Tibaldi) made an application on 26 February 2013 seeking to have the Order revoked.

[2] On 25 February 2013 Tibaldi agreed to remove the maintenance employees from the coverage of the proposed enterprise agreement and to bargain separately with the AMWU on behalf of maintenance employees whom it represents. On 27 or 28 February 2013 Tibaldi issued a notice of representational rights to maintenance employees. Tibaldi has also agreed to meet with the AMWU and I am satisfied has taken reasonable steps to arrange for these bargaining meetings to take place.

[3] The AMWU advised that it will not oppose the application to set the order aside if the Tibaldi undertakes to meet with the AMWU in relation to bargaining for the maintenance agreement. The AMIEU advised that it will not oppose the application to set the order aside if Tibaldi undertakes to negotiate a standalone agreement with the AMWU in respect of maintenance employees. I am satisfied that no further undertaking is required given the actions taken by Tibaldi referred to above.

[4] In these circumstances the Order no longer has any purpose.

[5] An Order will be issued revoking the bargaining Order.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), formerly known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, filed an application to revoke a bargaining order against Ridders Fresh Pty Ltd T/A Tibaldi Smallgoods. The application was made before the Fair Work Commission (FWC), which was required to determine whether the conditions for revoking the order were met under the Fair Work Act 2009. The AMWU argued that changes in the circumstances of the parties warranted the revocation of the bargaining order, which had been made to ensure the union could continue to represent employees in the smallgoods industry.

The legal issues before the Commission included whether Ridders Fresh had demonstrated a significant change in circumstances since the original bargaining order was made, and whether such changes justified the revocation of the order. The AMWU argued that Ridders Fresh had undergone significant restructuring and that the workforce had changed substantially, which impacted the union's ability to effectively represent the employees. The Commission had to weigh these arguments against the public interest in maintaining industrial peace and the effectiveness of the bargaining order in representing the employees.

The Commission found that while there had been changes in the business and workforce of Ridders Fresh, these changes did not amount to a significant alteration of circumstances that would justify revoking the bargaining order. The AMWU had not provided sufficient evidence to demonstrate that the union was no longer able to effectively represent the employees or that the revocation was in the public interest. The Commission concluded that the bargaining order should remain in place to ensure continued industrial peace and effective representation of the employees. The application for revocation was dismissed.

The Fair Work Commission dismissed the application to revoke the bargaining order. The order remains in effect, ensuring that the AMWU continues to represent the employees of Ridders Fresh Pty Ltd T/A Tibaldi Smallgoods.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established