“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Cascade Brewery Company Pty Ltd

[2022] FWC 3269

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

Cascade Brewery Company Pty Ltd

(B2022/1825)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 13 DECEMBER 2022

Proposed protected action ballot of employees of Cascade Brewery Company Pty Ltd.

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 Cascade Brewery Company Pty Ltd (Respondent).

On 13 December 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 Jacob Edward Batt 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 PR748846.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by the Australian Manufacturing Workers’ Union (AMWU) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of Cascade Brewery Company Pty Ltd. The AMWU applied for this order in relation to ongoing negotiations and efforts to reach an agreement with Cascade Brewery, which had been unsuccessful. As the Respondent did not object to the application, the Deputy President, Clancy, decided to determine the matter based on the submitted documents without holding a formal hearing.

The primary legal issues that the FWC needed to address included whether the AMWU had genuinely attempted to reach an agreement with Cascade Brewery and whether the notification period for the proposed agreement had been appropriately observed. The AMWU needed to demonstrate that it had been genuinely attempting to reach an agreement and that the necessary requirements under section 443(1) of the Fair Work Act had been fulfilled. The Commission also needed to consider whether the proposed action was eligible for a protected action ballot, which is a procedural step allowing union members to vote on proposed industrial action.

After reviewing the declaration by Mr Jacob Edward Batt of the AMWU, which detailed the union’s bargaining efforts and its genuine attempts to reach an agreement with Cascade Brewery, the Deputy President found that the union had satisfied the legal requirements. The declaration indicated that the AMWU had followed the necessary steps and was indeed trying to reach an agreement with the employer. Furthermore, the notification period for the proposed agreement had been appropriately observed, fulfilling the statutory requirements. Consequently, the Deputy President issued an order permitting the AMWU to proceed with the protected action ballot as requested.

The final orders of the FWC were issued in PR748846, allowing the AMWU to conduct the protected action ballot for its members at Cascade Brewery Company Pty Ltd. This decision enables the union to pursue industrial action if its members vote in favour, following the legal procedures set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established