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

[2022] FWC 2319

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

(B2022/1301)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 1 SEPTEMBER 2022

Proposed protected action ballot of employees of Bega Cheese Limited

This is an application by "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 Bega Cheese Limited (Respondent).

On 1 September 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 PR745379.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought an order from the Fair Work Commission for a protected action ballot of certain employees of Bega Cheese Limited. This application was made under section 437 of the Fair Work Act 2009, which allows for the authorisation of a ballot for protected action when a union has been genuinely attempting to reach an agreement with an employer. The Commission determined the matter based on the provided documents and the union's declaration of their bargaining efforts with Bega Cheese Limited.

The primary legal issues before the Commission were whether the union had genuinely been attempting to reach an agreement and if the notification period for the proposed agreement had been met. The union argued that they had fulfilled their obligations under the Fair Work Act, and the Commission needed to verify these claims. The Commission was also required to ensure that the statutory requirements for such a ballot, including the notification period, were satisfied.

The Deputy President of the Fair Work Commission found that the union had genuinely tried to reach an agreement with the employer and that the notification period for the proposed agreement had been met. The union's declaration and the absence of objection from Bega Cheese Limited were key factors in the Deputy President's decision. Consequently, the Commission was satisfied that the requirements of section 443(1) of the Act had been fulfilled, allowing for the order to proceed.

The Fair Work Commission issued an order for a protected action ballot in relation to the employees of Bega Cheese Limited, as requested by the AMWU. This decision was made on the basis of the evidence provided by the union and the absence of any objection from the employer. The order is issued in accordance with the provisions of the Fair Work Act, specifically section 437, and serves to facilitate the union's efforts to reach an agreement with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established