ENTERPRISE BARGAINING – bargaining order – s.229 Fair Work Act 2009 – application for a bargaining order – AMWU alleged that Wedderburn had breached its good faith bargaining obligations – alleged that the disciplinary action and termination of Mr Caspersz’s employment was capricious and unfair conduct which undermined freedom of association or collective bargaining – Wedderburn denied the allegations and said that both the disciplinary action taken against Mr Caspersz and the dismissal of Mr Caspersz were legitimate and bore no relationship to bargaining or his role as a shop steward or his role in bargaining – AMWU sought reinstatement of Mr Caspersz – Mr Caspersz was a member of the AMWU, a shop steward and a part of the bargaining team – in September 2015, AMWU members employed by Wedderburn took protected industrial action – Wedderburn made allegations of misconduct against Mr Caspersz arising from his conduct on the picket line – Mr Caspersz was issued with a formal warning and advised that if there were any further instance of him failing to comply with directions his employment would be terminated – in February 2016 there was a ban on performing overtime – Mr Caspersz did not finish a job at a site in Emerald because of the overtime bans – Mr Caspersz’s employment was terminated on 17 March 2016 because he had failed to perform the allotted work during the available normal working hours – AMWU submitted that the decision to terminate Mr Casperz’s employment was capricious – Commission satisfied there was an arguable case that the decision to terminate Mr Caspersz’s employment was unfair or capricious – arguable case that his conduct was protected and the decision to terminate someone’s employment, because they took protected industrial action, is not only unfair it is a contravention of the general protections provisions of the FW Act – arguable case that in making the decision to terminate Mr Caspersz, Wedderburn was motivated by its belief that Mr Caspersz was responsible for the industrial action being taken by the employees – satisfied that terminating a shop steward who has been part of the bargaining team since bargaining commenced and who plays an important role in ensuring the views of the employees are conveyed to the union will undermine collective bargaining – satisfied that there is an arguable case that such conduct would undermine freedom of association – balance of convenience weighs in favour of reinstating Mr Caspersz – order made that Mr Caspersz be reinstated to the position he occupied prior to the termination of his employment, or if that position is not available, to another position on terms and conditions no less favourable. ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU) v W.W. Wedderburn P/L t/a Wedderburn
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