“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Alto Manufacturing Pty Ltd

[2022] FWC 2806

FAIR WORK COMMISSION

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)
v

Alto Manufacturing Pty Ltd

(B2022/1578)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 OCTOBER 2022

Proposed protected action ballot of employees of Alto Manufacturing Pty Ltd.

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 Alto Manufacturing Pty Ltd (Respondent).

On 19 October 2022, my Associate was advised that the Respondent did not object to 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 declaration of Mr Andrew Bonello 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.

An order has been separately issued in PR746988.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission dealt with an application made by the Australian Manufacturing Workers’ Union (AMWU) under section 437 of the Fair Work Act 2009. The AMWU sought an order for a ballot of certain employees of Alto Manufacturing Pty Ltd to authorise protected action. The application was made without objection from the respondent, Alto Manufacturing Pty Ltd, allowing the Deputy President to proceed to a determination based on the submitted documentation.

The central legal issue before the Deputy President was whether the AMWU had fulfilled the prerequisites for a protected action ballot as outlined in section 443(1) of the Fair Work Act. This involved verifying that the union had genuinely engaged in bargaining efforts with the employer and that the requisite notification period for the proposed agreement had been met. The Deputy President considered the declaration of Mr Andrew Bonello from the AMWU, which detailed the union's bargaining efforts and adherence to the notification requirements.

Having reviewed the materials, the Deputy President concluded that the AMWU had indeed met the statutory requirements for a protected action ballot. The union's efforts to reach an agreement with Alto Manufacturing Pty Ltd were deemed genuine, and the notification period had been properly observed. Consequently, the Deputy President determined that the application should be granted, and an order was made accordingly.

In summary, the Fair Work Commission granted the AMWU's application for a protected action ballot, recognising the union's compliance with the legal requirements under the Fair Work Act. The decision was made without a hearing, based on the unobjectionable submission by Alto Manufacturing Pty Ltd and the evidence provided by the AMWU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established