"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v APT Am Employment Pty Ltd T/A APA Group

[2023] FWC 825

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

APT AM Employment Pty Ltd T/A APA Group

(B2023/305)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 APRIL 2023

Proposed protected action ballot of employees of APT AM Employment Pty Ltd T/A APA Group

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 (Cth) (Act) for a protected action ballot order in relation to certain employees of APT AM Employment Pty Ltd T/A APA Group (Respondent).

On 4 April 2023, 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 Gary Robert Strauss of the Applicant declared on 3 April 2023, 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 PR760894.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application by the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order in relation to certain employees of APT AM Employment Pty Ltd T/A APA Group. The application was made under section 437 of the Fair Work Act 2009 (Cth) (Act) for a ballot order. The AMWU had been attempting to reach an agreement with the respondent, and the application was made on the basis of the statutory declaration of Gary Robert Strauss of the AMWU, who confirmed the union's efforts in bargaining with the respondent. The respondent did not oppose the application, and the matter was determined on the papers without a hearing.

The legal issues before the FWC involved whether the AMWU had genuinely been attempting to reach agreement with the respondent and if the notification time for the proposed agreement had been met, as required under section 443(1) of the Act. The FWC examined the material presented, including the statutory declaration, to determine if the union had fulfilled the necessary criteria for the ballot order. The court needed to assess whether the union had followed the appropriate procedures and genuinely tried to reach an agreement with the employer.

After reviewing the material presented, the FWC was satisfied that the AMWU had been genuinely attempting to reach an agreement with the respondent and that the notification time for the proposed agreement had been met. Consequently, the FWC granted the AMWU's application for a protected action ballot order. The decision was made on the basis of the evidence provided, and the FWC found that the union had met the requirements of the Act.

The FWC issued an Order in PR760894, granting the AMWU's application for a protected action ballot order in relation to the employees of APT AM Employment Pty Ltd T/A APA Group. The decision was made without a hearing, as the respondent did not oppose the application, and the FWC was satisfied with the material presented. The AMWU's application was granted, and the union could proceed with the ballot for protected action as per the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established