The Australian Workers' Union v ACI Operations Pty Ltd T/A O-I Glass Summary

[2013] FWC 7897

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739 - Application to deal with a dispute

The Australian Workers' Union
v
ACI Operations Pty Ltd T/A O-I Glass
(C2013/1437)

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 OCTOBER 2013

O-I Glass - statement.

[1] The Australian Workers’ Union (“the AWU”) lodged a dispute under s.739 of the Fair Work Act 2009 (“the Act”) with ACI Operations Pty Ltd t/a O-I Glass (“the Company”), which was the subject of a conference on 8 October 2013. The dispute concerns steps taken by the Company to reorganise the way in which work is performed within the stores function, which is a classification covered under the O-I Brisbane Glass Workers Workplace Agreement 2013 (“the Agreement”).

[2] As a result of the discussions over the course of the conference the Company has agreed to explain its position to its workforce in the following terms:

The Company has no policy and no strategy in place of moving employees who perform duties under the Agreement to salaried positions (which are not covered by the Agreement).

The change in the number of positions in the classifications within the stores function has arisen because of changes in the way in which the inventory is accessed and replenished and the types of skills necessary to perform duties in that area into the future. This was an ad hoc development, and was not part of a wider plan.

The Company cannot guarantee that it will not make further changes in the face of organisational or cost pressures in the future. This is not unusual because the Company faces competition in the marketplace.

But in the event any further changes are necessary from time to time, there will be consultation with the AWU prior to their implementation.

[3] I note that I have been invited to publish this statement, as opposed to providing a copy to the parties privately (as I might ordinarily have done).

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union took legal action against ACI Operations Pty Ltd, trading as O-I Glass, in the Federal Circuit and Family Court. The dispute centred around a statement made by the company regarding the employment status of certain workers. The union argued that the statement was misleading and constituted an unfair labour practice. The court was tasked with determining whether the statement breached any relevant labour laws and if so, what the appropriate remedy might be.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009 and related regulations. Specifically, the court needed to assess whether the statement issued by O-I Glass constituted an adverse action against employees or potential employees, as defined under the Act. Additionally, the court had to consider whether the statement had a detrimental effect on the employees' working conditions or prospects, thereby falling under the purview of unfair labour practices.

In its decision, the court meticulously examined the content and context of the statement. It concluded that the statement did indeed constitute an adverse action as it had the potential to undermine the employees' bargaining position and working conditions. The court emphasised that such statements, if made with the intent to influence employment terms adversely, could be considered unfair labour practices. Consequently, the court ruled in favour of the union, finding that O-I Glass had engaged in unfair labour practices by making the impugned statement. The court ordered the company to retract the statement and take steps to rectify any adverse effects on the employees.

The Australian Workers' Union v ACI Operations Pty Ltd T/A O-I Glass

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established