“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Rio Tinto Aluminum Limited T/A Rio Tinto Alcan Gove Summary

[2022] FWC 2635

FAIR WORK COMMISSION

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

Rio Tinto Aluminum Limited T/A Rio Tinto Alcan Gove

(B2022/1473)

VICE PRESIDENT CATANZARITI

SYDNEY, 29 SEPTEMBER 2022

Proposed protected action ballot of employees of Rio Tinto Aluminum Limited Trading As Rio Tinto Alcan Gove

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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Rio Tinto Aluminum Limited T/A Rio Tinto Alcan Gove (Respondent).

On 29 September 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Lloyd Pumpa of the Applicant declared on 26 September 2022, 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.

An Order has been separately issued in PR746364.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was approached by the Australian Manufacturing Workers' Union (AMWU) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for employees of Rio Tinto Aluminum Limited, trading as Rio Tinto Alcan Gove. The AMWU aimed to conduct a ballot to authorise protected industrial action. The respondent, Rio Tinto Aluminum Limited, did not oppose the application, leading the FWC to determine the matter based on the submitted documentation without a hearing.

The legal issues before the FWC centred on whether the AMWU had fulfilled the statutory requirements for a protected action ballot, specifically the notification period and the good faith bargaining obligations outlined in section 443(1) of the Act. The AMWU submitted a statutory declaration by Lloyd Pumpa, which detailed the union's efforts to negotiate with the employer and demonstrated the union's genuine attempts to reach an agreement.

The FWC found that the union had adhered to the notification period stipulated by the Act and had engaged in good faith bargaining with the employer. Given this, the FWC was satisfied that the requirements for a protected action ballot were met. Consequently, the FWC issued an order permitting the AMWU to proceed with the ballot as requested.

In summary, the FWC granted the AMWU's application for a protected action ballot, affirming the union's compliance with the legislative prerequisites and its good faith efforts in bargaining with the employer.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Rio Tinto Aluminum Limited T/A Rio Tinto Alcan Gove

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established