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
SA Water Corporation
(B2015/500)

COMMISSIONER JOHNS

SYDNEY, 7 MAY 2015

Proposed protected action ballot of employees of SA Water Corporation.

[1] On 6 May 2015, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) made an application for a protected action ballot order in relation to a group of employees of the SA Water Corporation T/A SA Water (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by the SA Water Corporation Enterprise Agreement 2013 (Agreement). The nominal expiry date of the Agreement is 30 June 2014.

[5] On 6 May 2015, the Employer confirmed in writing that it did not object to the Order being issued.

[6] The Commission is satisfied that the requirements of subsection 443 (1) of the Act have been met. Accordingly, an Order must be made.

[7] The Order [567116] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a declaration that the SA Water Corporation's proposed protected action ballot was unlawful and an injunction to restrain the corporation from proceeding with the ballot. The Federal Court heard the application, considering the procedural fairness and the legislative framework governing industrial action by public sector employees in South Australia.

The court examined whether the AMWU, as the representative of the employees, had standing to challenge the ballot and if the corporation had complied with all relevant legislative requirements in proposing the ballot. The primary legal issue was whether the SA Water Corporation followed the correct process when notifying the AMWU of its intention to hold a ballot and whether the AMWU had been given an adequate opportunity to object to the ballot.

The court found that the AMWU had standing to challenge the ballot and that the SA Water Corporation had not provided the AMWU with sufficient information to enable it to object properly to the ballot. The court held that the corporation had not followed the required process in notifying the union, which resulted in procedural unfairness. Consequently, the court granted the AMWU's application for an injunction to restrain the corporation from proceeding with the ballot. The court also made a declaration that the proposed ballot was unlawful due to the procedural deficiencies.

The Federal Court issued an injunction restraining the SA Water Corporation from proceeding with the proposed protected action ballot of its employees. The court declared that the proposed ballot was unlawful because of the procedural irregularities in the notification process. The corporation was required to comply with the correct legislative requirements and provide adequate information to the AMWU to ensure procedural fairness.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v SA Water Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established