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

[2023] FWC 433

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 Lamb (Colac) Pty Ltd

(B2023/134)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 22 FEBRUARY 2023

Proposed protected action ballot of employees of Australian Lamb (Colac) Pty Ltd

This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Lamb (Colac) Pty Ltd (Respondent).

On 22 February 2023, 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 Stephen Fodrocy 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 PR 750974.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of Australian Lamb (Colac) Pty Ltd. The matter was heard by Deputy President Clancy of the Fair Work Commission in Melbourne on February 22, 2023. Australian Lamb (Colac) Pty Ltd did not object to the application, prompting the Deputy President to determine the matter on the basis of the submitted documents without the need for a hearing.

The legal issues addressed by the court involved whether the union had genuinely attempted to reach an agreement with the employer and if the notification period for the proposed agreement had been met. The union's declaration by Mr. Stephen Fodrocy outlined the steps taken during negotiations and affirmed the union's genuine efforts to reach an agreement. The court had to assess the sufficiency of these efforts and the compliance with the relevant provisions of the Fair Work Act.

The Deputy President concluded that the union had indeed been genuinely attempting to reach an agreement and that the notification period for the proposed agreement had been met. Section 443(1) of the Act was also satisfied. Consequently, the Deputy President granted the union's application for a protected action ballot order. The decision was issued concurrently with another order in PR 750974.

This decision underscores the importance of genuine negotiation efforts by unions and compliance with legislative requirements when seeking protected action ballot orders. The court's ruling ensures that the union's procedural steps were adequate and that the notification period was appropriately observed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established