“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Summary

[2021] FWC 6092

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

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers

(B2021/960)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 OCTOBER 2021

Proposed protected action ballot of employees of Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers

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 Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers (Respondent).

On 7 October 2021, 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 PR734700.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers. The dispute was regarding the AMWU's application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Bricks Australia Services. The application was made by the AMWU seeking to conduct a ballot of its members for protected industrial action in response to negotiations with the employer.

The legal issues before the court were whether the union had followed the necessary procedures to conduct a protected action ballot and if the union genuinely attempted to reach an agreement with the employer. The AMWU needed to demonstrate that it had fulfilled the notification time requirements and had genuinely attempted to negotiate with the employer. The court had to examine the evidence provided by the AMWU, including the declaration by Mr. Raoul Wainwright, to determine if the union had complied with the necessary requirements under section 443(1) of the Fair Work Act 2009.

The court, in its decision, noted that the respondent did not object to the application. Based on the material presented, including the declaration by Mr. Wainwright, which outlined the steps taken by the AMWU in bargaining with the employer and its genuine efforts to reach an agreement, the court was satisfied that the notification time in relation to the proposed agreement had been met and that the requirements of section 443(1) of the Act had been fulfilled. Consequently, the court granted the AMWU's application for a protected action ballot order.

An order was separately issued in PR734700. The decision underscores the importance of the union's procedural compliance and genuine negotiation efforts in seeking a protected action ballot. The court's decision allowed the AMWU to proceed with the ballot, ensuring that the union's rights and processes under the Fair Work Act were upheld.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established