“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Australian Capital Territory T/A Transport Canberra Operations

[2022] FWC 2892

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

Australian Capital Territory T/A Transport Canberra Operations

(B2022/1595)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 OCTOBER 2022

Proposed protected action ballot of employees of Australian Capital Territory T/A Transport Canberra Operations

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 Australian Capital Territory T/A Transport Canberra Operations (Respondent).

On 28 October 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 John Stewart of the Applicant declared on 21 October 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 PR747382.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order. The application was made in relation to certain employees of the Australian Capital Territory T/A Transport Canberra Operations. The AMWU sought to hold a ballot to enable its members to vote on protected action, typically involving industrial action such as a strike or a lock-out. The Respondent did not oppose the application, and thus the matter proceeded on the papers submitted.

The legal issues the court had to address included whether there was a notification period for the proposed agreement and whether the requirements of section 443(1) of the Fair Work Act were satisfied. These requirements pertain to the procedural steps that must be followed before protected action can be taken, including good faith negotiations and the notification of the Commission of the existence of an industrial dispute.

The Vice President of the Fair Work Commission, Catanzariti, determined the matter based on the material submitted, including a statutory declaration by John Stewart of the AMWU. The declaration detailed the union's efforts in bargaining with the Respondent and its genuine attempts to reach an agreement. The Vice President found that the notification time for the proposed agreement was valid, and that the requirements under section 443(1) of the Act were met. Consequently, the court granted the application, allowing the AMWU to proceed with the ballot for protected action.

An order was issued separately under reference number PR747382. This decision underscores the importance of following statutory procedures in industrial relations matters and the Commission's role in facilitating fair and lawful processes in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established