| [2022] FWC 1403 |
| 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
Barwon Asset Solutions Pty Ltd
(B2022/518)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 3 JUNE 2022 |
Proposed protected action ballot of employees of Barwon Asset Solutions Enterprise Agreement 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 Barwon Asset Solutions Pty Ltd (the Respondent).
On 3 June 2022, 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 Andrew Bonello 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 PR742301.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR742300>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Barwon Asset Solutions Pty Ltd [2022] FWC 1403
- Case
- [2022] FWC 1403
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the AMWU had satisfied the prerequisites for a protected action ballot as outlined in the Fair Work Act. This involved confirming that the union had genuinely attempted to negotiate in good faith and that the necessary notification period had been observed. The union's declaration, which detailed the bargaining steps taken and its ongoing efforts to reach an agreement, was a key component of the evidence presented.
Upon reviewing the evidence, the Deputy President found that the AMWU had indeed met the requirements for a protected action ballot. The union had demonstrated its genuine efforts to negotiate and had satisfied the notification period stipulated in section 443(1) of the Act. Consequently, the Deputy President issued an order permitting the ballot to proceed. The decision underscores the importance of ensuring that unions follow proper procedures when seeking to conduct industrial action, while also acknowledging the union's right to engage in protected activities to advocate for their members' interests.
The final orders included an authorisation for the AMWU to conduct a ballot among the specified employees of Barwon Asset Solutions. This order was issued to ensure that the union could proceed with the democratic process of gauging employee sentiment regarding the proposed industrial action. The decision reinforces the FWC's role in overseeing and facilitating fair and lawful industrial processes within the scope of the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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