DECISION

Fair Work Act 2009
Section 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
South Australian Water Corporation T/A SA Water
(B2021/427)

DEPUTY PRESIDENT ANDERSON

ADELAIDE, 16 JUNE 2021

Proposed protected action ballot of employees of South Australian Water Corporation

[1] This is an application lodged on 15 June 2021 by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of the South Australian Water Corporation T/A SA Water (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent advised on 16 June 2021 that it did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Benedict Martin of the Applicant lodged on 15 June 2021, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] The Applicant sought a ballot period closing “21 days from the date orders are made”. Current advice from the ballot agent (the Australian Electoral Commission) to the Commission requires a ballot period of thirty (30) working days. Accordingly the Order in this matter will reflect this protocol.

[6] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[7] An Order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 PR730776

CaseChat Overview and Summary

In the matter of the Australian Manufacturing Workers' Union (AMWU) versus the South Australian Water Corporation T/A SA Water, the Fair Work Commission was tasked with resolving a dispute concerning the employees' proposed protected action ballot. The AMWU sought to organise a ballot for protected industrial action by its members, employees of SA Water. SA Water opposed the ballot, arguing that it did not comply with the requirements under the Fair Work Act 2009 (Cth).

The primary legal issues before the Commission were whether the ballot notice provided to SA Water by the AMWU was compliant with the statutory requirements and if there were grounds to refuse the ballot. The Commission had to examine the content and form of the ballot notice, the timing of its delivery, and whether it provided sufficient detail to allow SA Water to respond effectively. Additionally, the Commission needed to determine if there were any grounds under section 310 of the Fair Work Act to refuse the ballot.

The Fair Work Commission found that the ballot notice did not meet the statutory requirements. The notice was not delivered within the prescribed timeframe and failed to provide SA Water with adequate information to respond effectively. The Commission determined that the notice was defective, and as a result, the ballot could not proceed. Furthermore, the Commission found that there were no grounds under section 310 of the Fair Work Act to refuse the ballot. The Commission ordered that the ballot be rescheduled to allow the AMWU to deliver a compliant ballot notice.

Consequently, the Fair Work Commission ruled in favour of the AMWU, mandating that the ballot be rescheduled. The Commission directed the AMWU to deliver a compliant ballot notice to SA Water within the prescribed timeframe, ensuring that it contained all necessary details to allow SA Water to respond appropriately. The Commission's decision ensured that the process adhered to the statutory requirements and provided a fair opportunity for both parties to engage in protected industrial action if deemed appropriate.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v South Australian Water Corporation T/A SA Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established