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

[2022] FWC 2389

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

BCS Infrastructure Support Pty Ltd

(B2022/1343)

VICE PRESIDENT CATANZARITI

SYDNEY, 8 SEPTEMBER 2022

Proposed protected action ballot of employees of BCS Infrastructure Support 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 BCS Infrastructure Support Pty Ltd (Respondent).

On 8 September 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 Scott Anton Robert Stanford of the Applicant declared on 5 September 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 PR745623.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Australian Manufacturing Workers’ Union (AMWU) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order concerning certain employees of BCS Infrastructure Support Pty Ltd. The application was made to the Fair Work Commission, and BCS Infrastructure Support Pty Ltd did not oppose the application, leading to the matter being decided on the papers without a hearing. The AMWU sought to conduct a ballot for protected action, which is a form of industrial action that can be undertaken by employees if certain conditions are met.

The legal issues before the Commission included whether the AMWU had genuinely been trying to reach an agreement with BCS Infrastructure Support Pty Ltd and if the statutory notification period for the proposed agreement had been met. The application was based on the statutory declaration of Scott Anton Robert Stanford of the AMWU, which outlined the union's bargaining efforts and compliance with the Act. The Commission needed to assess whether the union had satisfied the requirements of section 443(1) of the Act, which pertain to the process for protected action ballots.

The Vice President, Catanzariti, found that the AMWU had genuinely been attempting to reach an agreement with BCS Infrastructure Support Pty Ltd and that the statutory notification period for the proposed agreement had been met. The Vice President was satisfied with the evidence provided in the statutory declaration and the application's compliance with the Act. As a result, the application for a protected action ballot order was approved.

The Fair Work Commission issued an order allowing the AMWU to proceed with the ballot for protected action in accordance with the provisions of the Fair Work Act. This order ensures that the employees of BCS Infrastructure Support Pty Ltd can participate in the ballot as per the union's application and the legislative framework governing industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established