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

[2022] FWC 2300

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

(B2022/1284)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 AUGUST 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Bega Cheese Limited (Respondent).

On 29 August 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 Bradley Hattenfels of the Applicant declared on 26 August 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 PR745298.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission for a protected action ballot order concerning employees of Bega Cheese Limited. This application was made under section 437 of the Fair Work Act 2009, seeking permission to conduct a ballot for protected industrial action. Bega Cheese Limited did not oppose the application, leading to the matter being determined on the basis of the provided documentation without a hearing. The application sought to address the union's efforts to reach an agreement with the company, which was outlined in a statutory declaration by Bradley Hattenfels of the AMWU.

The primary legal issues before the Fair Work Commission involved verifying whether the union had genuinely attempted to negotiate with the employer and whether the statutory notification period had been properly observed. Under section 443(1) of the Fair Work Act, these conditions must be met for the commission to grant the ballot order. The union's application included a declaration asserting their efforts and adherence to the legal requirements. The commission considered this evidence and additional documentation, including an order issued separately in PR745298, to make its determination.

The Vice President of the Fair Work Commission, Catanzariti, reviewed the submitted materials and was satisfied that the union had met the necessary criteria. The statutory declaration provided by the AMWU sufficiently demonstrated genuine bargaining efforts and compliance with the notification requirements. Consequently, the Vice President concluded that the union's application fulfilled the legal prerequisites for granting the ballot order. The commission decided to proceed with the order, ensuring that the union's request was in compliance with the legislative framework governing protected industrial actions.

The final order was issued, allowing the AMWU to proceed with the protected action ballot for the employees of Bega Cheese Limited, as per the application's terms and conditions under the Fair Work Act. This decision reflects the commission's role in facilitating fair bargaining processes and ensuring compliance with legislative provisions designed to protect the rights of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established