Australian Municipal, Administrative, Clerical and Services Union v Knorr-Bremse Australia Pty Limited

[2022] FWC 1427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Knorr-Bremse Australia Pty Limited

(B2022/523)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 JUNE 2022

Proposed protected action ballot of employees of Knorr-Bremse Australia Pty Limited

This is an application by the NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union known as the United Services Union (USU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Knorr-Bremse Australia Pty Limited (Respondent).

On 6 June 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Graeme Kelly of the Applicant declared on 1 June 2022, 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.

An Order has been separately issued in PR742378.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the United Services Union (USU), a branch of the Australian Municipal, Administrative, Clerical and Services Union, to the Fair Work Commission for a protected action ballot order regarding certain employees of Knorr-Bremse Australia Pty Limited. The USU sought the order under section 437 of the Fair Work Act 2009. The application was made to allow the employees to vote on taking protected industrial action. Knorr-Bremse Australia did not oppose the application.

The primary legal issue for the Fair Work Commission to decide was whether the USU had met the criteria for a protected action ballot order under the Fair Work Act. This included determining whether the union had genuinely attempted to reach an agreement with Knorr-Bremse Australia and if there was a notification period in relation to the proposed agreement. The Commission also had to assess if the requirements under section 443(1) of the Act had been fulfilled. The Commission based its decision on the evidence provided, including a statutory declaration from Graeme Kelly of the USU confirming the union's efforts in bargaining and its genuine attempts to reach an agreement.

The Fair Work Commission concluded that the USU had satisfied the requirements for a protected action ballot order. It was satisfied that the union had genuinely tried to reach an agreement with Knorr-Bremse Australia and that the notification period had been met. Consequently, the Commission decided to grant the USU's application for a ballot order without holding a hearing. The decision was supported by the evidence presented, particularly the statutory declaration from Graeme Kelly, which detailed the union's bargaining efforts and the existence of a notification period for the proposed agreement.

An order was issued in PR742378, granting the USU's application for a protected action ballot order. The decision was rendered by Vice President Catanzariti on 7 June 2022. The Fair Work Commission's order allows the employees to proceed with the ballot, enabling them to vote on taking protected industrial action if they choose to do so.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established