West Australian Newspapers Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU)-Western Australian Branch

West Australian Newspapers Limited (WAN) sought an order from the Fair Work Commission (FWC) under section 739 of the Fair Work Act 2009 (Cth), to resolve a dispute with the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union-Western Australian Branch (AMWU). The dispute centred on the alleged contravention of an enterprise agreement by AMWU members, who were employees of WAN, in relation to the distribution of a newspaper. The AMWU contended that the employees were not obligated to distribute the newspaper outside their designated work areas, as per the enterprise agreement. The FWC was tasked with determining whether the AMWU had breached the enterprise agreement by failing to compel its members to distribute the newspaper outside their assigned work areas.

The central legal issue before the FWC was whether the AMWU had contravened the enterprise agreement by not ensuring its members distributed the newspaper beyond their designated work areas. Additionally, the court had to determine if the AMWU's conduct amounted to an industrial action under section 388 of the Fair Work Act 2009 (Cth), which could potentially justify WAN's application for an order. The FWC also had to consider the implications of section 388(2)(b) of the Fair Work Act 2009 (Cth), which relates to actions that might be considered an industrial action if they were intended to be taken to achieve an objective that would improve the terms and conditions of employment.

The FWC found that the AMWU had contravened the enterprise agreement by not compelling its members to distribute the newspaper outside their designated work areas. The FWC held that the AMWU's conduct amounted to an industrial action under section 388 of the Fair Work Act 2009 (Cth), as it was intended to achieve an objective that would improve the terms and conditions of employment. The FWC concluded that the AMWU's actions were not justified under section 388(2)(b) of the Fair Work Act 2009 (Cth), as they did not meet the requirements for protected industrial action. Consequently, the FWC granted WAN's application for an order, requiring the AMWU to ensure its members complied with the enterprise agreement and distributed the newspaper outside their designated work areas.

The FWC issued an order requiring the AMWU to take all reasonable steps to ensure that its members complied with the enterprise agreement and distributed the newspaper outside their designated work areas. The AMWU was also directed to take all reasonable steps to prevent its members from engaging in conduct that contravened the enterprise agreement. The FWC's order was binding on the parties and enforceable under the Fair Work Act 2009 (Cth).