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
Williams Refrigeration Australia Pty Ltd
(B2021/201)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 23 MARCH 2021

Proposed protected action ballot of employees of Williams Refrigeration Australia Pty Ltd.

[1] This is an application by 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 Williams Refrigeration Australia Pty Ltd (Respondent).

[2] On 23 March 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 Barry Terzic 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 PR728010.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot of employees of Williams Refrigeration Australia Pty Ltd. The AMWU claimed that the employees of the company were members of the union and wanted to engage in industrial action. Williams Refrigeration opposed the application, arguing that the union had failed to comply with the requirements of the relevant industrial relations legislation. The matter was heard by the Fair Work Commission. The central legal issue was whether the union had provided sufficient information to the Fair Work Commission to enable it to be satisfied that the requirements of the Fair Work Act 2009 had been met. The union argued that it had provided all the necessary information, while the employer argued that it had not.

The Fair Work Commission found that the union had failed to provide sufficient information to satisfy the requirements of the Fair Work Act 2009. The Commission found that the union had not provided sufficient information about the nature of the proposed industrial action, the period of time over which the industrial action would occur, or the number of employees who would be involved in the industrial action. The Commission also found that the union had not provided sufficient information about the reasons for the proposed industrial action or the manner in which it would be conducted. The Commission held that, as a result, it could not be satisfied that the union had complied with the requirements of the legislation and dismissed the application for a protected action ballot. The employer was not required to provide any orders as the application had already been dismissed.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Williams Refrigeration Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established