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

[2022] FWC 466

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)

Australia Pacific Airports (Launceston) Pty Ltd

Australia Pacific Airports (Melbourne) Pty Ltd

(B2022/142)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 2 MARCH 2022

Proposed protected action ballot of employees of Australia Pacific Airports (Launceston) Pty Ltd and Australia Pacific Airports (Melbourne) 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 Australia Pacific Airports (Launceston) Pty Ltd and Australia Pacific Airports (Melbourne) Pty Ltd (the Respondents).

On 2 March 2022, my Associate was advised that the Respondents 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 Jacob Edward Batt 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 PR738937.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) made an application under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Australia Pacific Airports (Launceston) Pty Ltd and Australia Pacific Airports (Melbourne) Pty Ltd (the Respondents). The AMWU sought to conduct a ballot to authorise protected action by its members employed by the Respondents. The Respondents did not object to the application, and the matter was determined by the Fair Work Commission without a hearing. The primary legal issue was whether the AMWU had met the requirements of the Fair Work Act to hold a ballot for protected action.

The Fair Work Commission considered the evidence provided by the AMWU, including a declaration by Mr Jacob Edward Batt, which outlined the union's efforts to negotiate with the Respondents. The Commission determined that the notification time for the proposed agreement had been met and that the AMWU had fulfilled the requirements of section 443(1) of the Act. The union had demonstrated that it had been genuinely trying to reach an agreement with the Respondents, and therefore, it was appropriate to grant the application for a ballot order.

In light of the findings, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission issued an order allowing the union to conduct a ballot among its members employed by the Respondents to authorise protected action. The decision underscores the importance of unions following proper procedures and demonstrating genuine attempts at negotiation before seeking to engage in protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established