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
(B2021/652)

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 PR732669.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), on behalf of its members employed by Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater, sought an order to compel TasWater to facilitate a ballot of its employees regarding proposed protected action. The Fair Work Commission (FWC) was asked to adjudicate this matter. The primary legal issue was whether TasWater was required to allow the AMWU to conduct a ballot of its employees concerning potential industrial action. The court needed to determine if TasWater's refusal to facilitate the ballot was justified under the Fair Work Act 2009 (Cth).

The FWC held that TasWater's refusal to facilitate the ballot was not justified. The court found that TasWater had not demonstrated that the ballot would cause significant economic harm or that it had taken reasonable steps to minimise any potential harm. The AMWU had provided reasonable information to TasWater to enable the ballot, and TasWater had not shown that the ballot would cause significant harm to its operations. Therefore, the FWC ruled that TasWater must allow the AMWU to conduct the ballot. The FWC ordered TasWater to facilitate the ballot of its employees as requested by the AMWU.

“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