"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ARA Electrical Engineering Services Pty Ltd Summary

[2022] FWC 2173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

ARA Electrical Engineering Services Pty Ltd

(B2022/1218)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 AUGUST 2022

Proposed protected action ballot by employees of ARA Electrical Engineering Services 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of ARA Electrical Engineering Services Pty Ltd (Respondent).

On 16 August 2022, the Fair Work Commission was advised that the Respondent neither consented to nor opposed 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 Gavin Bubb of the Applicant declared on 11 August 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 PR744851.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application made by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of ARA Electrical Engineering Services Pty Ltd. The application was made due to the union's contention that it had been genuinely attempting to reach an agreement with the respondent regarding a proposed agreement. ARA Electrical Engineering Services Pty Ltd did not consent to or oppose the application, leading to the FWC deciding to determine the matter on the papers without holding a hearing.

The central legal issue before the FWC was whether the AMWU had satisfied the requirements of section 437 of the Fair Work Act to hold a ballot for protected action. This involved determining if there was a notification time in relation to the proposed agreement and if the union had genuinely attempted to reach an agreement with the respondent. The union's statutory declaration, along with other materials, were pivotal in establishing these facts.

The FWC, after reviewing the statutory declaration of Gavin Bubb of the AMWU and the other documents, concluded that the union had indeed met the notification time requirement and had genuinely tried to reach an agreement with the respondent. The statutory declaration detailed the steps taken by the union in bargaining with the respondent, which the FWC found to be sufficient evidence of genuine bargaining efforts. Consequently, the FWC found that the union had satisfied the prerequisites for a protected action ballot order. An order was separately issued in PR744851, confirming the FWC's decision.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ARA Electrical Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established