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

Case [2022] FWC 451


[2022] FWC 451

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

Boeing Aerostructures Australia Pty Limited

(B2022/146)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 1 MARCH 2022

Proposed protected action ballot of employees of Boeing Aerostructures Australia Pty Limited.

  1. 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 Boeing Aerostructures Australia Pty Limited (Respondent).

  1. On 1 March 2022, my Associate was advised that the Respondent did not object to the application.

  1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

  1. 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.

  1. An order has been separately issued in PR738899.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR738898>

Details
AGLC
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Boeing Aerostructures Australia Pty Limited [2022] FWC 451
Case
[2022] FWC 451
Decision Date

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Boeing Aerostructures Australia Pty Limited. The application was made following unsuccessful bargaining attempts between the AMWU and Boeing Aerostructures Australia Pty Limited, with the union seeking to conduct a ballot of its members to determine if they should take protected industrial action. Boeing Aerostructures Australia Pty Limited did not object to the application, and the Deputy President Clancy proceeded to determine the matter on the papers without holding a hearing.

The primary legal issue before the Deputy President was whether the AMWU had satisfied the requirements of section 443(1) of the Fair Work Act 2009, which sets out the criteria that must be met before a union can conduct a protected action ballot. The union needed to demonstrate that it had genuinely attempted to reach an agreement with the employer and that a notification time in relation to the proposed agreement had been given. The Deputy President found that the union had met these requirements based on the material presented, including a declaration from a union representative that detailed the bargaining process and efforts made to reach an agreement with Boeing Aerostructures Australia Pty Limited.

The Deputy President concluded that the AMWU had met the necessary criteria and determined that a protected action ballot order should be issued. The union's application was therefore successful, and the order was issued in PR738899. This decision allows the AMWU to proceed with the ballot of its members to determine if they should take protected industrial action against Boeing Aerostructures Australia Pty Limited. The Deputy President's decision underscores the importance of the bargaining process and the conditions that must be met before a union can take such action under the Fair Work Act 2009.

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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