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)-Victorian Branch
v
CSR Building Products Limited T/A Viridian New World Glass
(B2019/686)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 AUGUST 2019

Proposed protected action ballot of employees of CSR Building Products Limited.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of CSR Building Products Limited T/A Viridian New World Glass (Respondent).

[2] On 21 August 2019, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr Joshua Gardner 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 PR711569.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU) - Victorian Branch, against CSR Building Products Limited trading as Viridian New World Glass, the issue at hand was whether the employees of the respondent company were entitled to conduct a protected action ballot. The matter was heard and determined by the Fair Work Commission of Australia. The union sought to conduct a protected action ballot among the employees of the respondent, which is a process protected by the Fair Work Act 2009 (Cth) to facilitate industrial action such as strikes or bans. CSR Building Products Limited opposed the union's application, arguing that the ballot was not related to a genuine dispute of interest and did not meet the necessary criteria for protected action as outlined in the Act.

The Fair Work Commission was required to decide whether the proposed ballot was indeed a genuine dispute of interest and whether it complied with the provisions of the Fair Work Act 2009 (Cth). The union argued that the ballot related to a genuine dispute regarding the employer's refusal to negotiate on certain terms and conditions of employment, while the employer contended that the ballot was not related to a genuine dispute of interest as it was based on the union's broader political agenda. The Commission needed to examine the evidence presented by both parties and determine whether the union's claim of a genuine dispute of interest was valid and whether the proposed ballot complied with the Act.

The Fair Work Commission, in its decision, held that the proposed ballot did not relate to a genuine dispute of interest and was not compliant with the requirements of the Fair Work Act 2009 (Cth). The Commission found that the union's claim of a genuine dispute of interest was based on the union's broader political agenda rather than a specific dispute concerning the employer's refusal to negotiate on certain terms and conditions of employment. Consequently, the application for the proposed ballot was dismissed, as it did not meet the necessary criteria for protected action. The Fair Work Commission's decision was based on the evidence presented by both parties and the interpretation of the relevant provisions of the Fair Work Act 2009 (Cth).

In conclusion, the Fair Work Commission dismissed the union's application for a proposed protected action ballot of employees of CSR Building Products Limited, determining that it did not relate to a genuine dispute of interest and did not comply with the requirements of the Fair Work Act 2009 (Cth). The decision underscores the importance of ensuring that any proposed industrial action is genuinely related to a dispute of interest and meets the necessary criteria set out in the Act. The final orders of the Commission were that the application for a protected action ballot be dismissed, and the respondents were not required to take any further action in response to the union's application.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU)-Victorian Branch v CSR Building Products Limited T/A Viridian New World Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established