“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Bega Cheese Limited

[2022] FWC 2811

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

Bega Cheese Limited

(B2022/1575)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 OCTOBER 2022

Proposed protected action ballot of employees of Bega Cheese Limited.

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 Bega Cheese Limited (Respondent).

On 19 October 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 Raoul Wainwright 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 PR747003.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Australian Manufacturing Workers' Union (AMWU) versus Bega Cheese Limited was heard by the Fair Work Commission. The AMWU sought to hold a protected action ballot for certain employees of Bega Cheese Limited, as allowed under section 437 of the Fair Work Act 2009. The dispute arose from the AMWU's attempt to reach an agreement with Bega Cheese Limited. The Respondent did not object to the application, leading to the decision being made on the papers without a hearing.

The primary legal issue before the court was whether the AMWU had met the necessary requirements to conduct a protected action ballot. Specifically, the court had to determine if the notification time for the proposed agreement had been met, and if the AMWU had genuinely attempted to reach an agreement with Bega Cheese Limited, as required under section 443(1) of the Act. The AMWU provided a declaration by Mr Raoul Wainwright, outlining the steps taken during the bargaining process and confirming their genuine efforts to reach an agreement.

The Deputy President of the Fair Work Commission, Clancy, reviewed the material presented and concluded that the AMWU had met the requirements for a protected action ballot. The notification time for the proposed agreement was deemed to have been met, and the AMWU's genuine efforts to reach an agreement with Bega Cheese Limited were confirmed. Consequently, the application for a protected action ballot was granted.

An order was issued in PR747003, allowing the AMWU to proceed with the ballot as requested. The decision underscores the importance of meeting statutory requirements for protected action ballots and the necessity of genuine bargaining efforts.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established