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
Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater
(B2021/650)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 10 AUGUST 2021

Proposed protected action ballot of employees of Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater (Respondent).

[2] On 10 August 2021, my Associate was advised that the Respondent 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 Jacob Edward Batt of the Applicant 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.

[5] An order has been separately issued in PR732667.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) initiated proceedings against the Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater concerning a proposed ballot of employees for protected action. The primary dispute centred around the union's attempt to conduct a ballot among TasWater employees to authorise potential industrial action. TasWater contested the union's right to conduct this ballot, arguing it was invalid for several reasons. The matter was brought before the Fair Work Commission, which had to determine the validity of the union's ballot and its procedural correctness.

The court had to decide whether the AMWU complied with the necessary legal requirements for conducting a protected action ballot under the Fair Work Act. Specifically, the court examined whether the union had correctly notified TasWater of the ballot, whether the ballot notice was adequately served to all relevant employees, and whether the ballot adhered to the procedural guidelines stipulated in the Fair Work Act. Additionally, the court had to consider whether any procedural errors rendered the ballot invalid.

The Fair Work Commission concluded that the AMWU had not complied with several essential procedural requirements when conducting the ballot. The commission found that the union had not provided TasWater with adequate notice of the ballot, and that the notice served to employees was insufficient. Consequently, the commission ruled that the ballot was invalid and did not meet the legal standards required under the Fair Work Act. As a result, the AMWU's attempt to authorise protected action through this ballot was deemed unsuccessful.

The Fair Work Commission ordered that the AMWU's proposed ballot was invalid and could not proceed. The commission further directed that TasWater was not required to respond to the ballot or take any action in relation to it. The union was also ordered to pay TasWater's costs associated with the proceedings.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established