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

[2023] FWC 437

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

CCL Secure Pty Ltd

(B2023/150)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 22 FEBRUARY 2023

Proposed protected action ballot of employees of CCL Secure Pty Ltd

This is an application by the 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 CCL Secure Pty Ltd (Respondent).

On 22 February 2023, 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 PR750983.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union, against CCL Secure Pty Ltd. The union sought a protected action ballot order in relation to certain employees of CCL Secure Pty Ltd under section 437 of the Fair Work Act 2009. The application was made in the context of a bargaining process, and the union claimed to have been genuinely trying to reach an agreement with the employer. CCL Secure Pty Ltd did not object to the application, leading the Deputy President to determine the matter on the papers without a hearing.

The central legal issue before the Deputy President was whether the union had satisfied the statutory requirements for a protected action ballot under the Fair Work Act 2009. Specifically, the court had to determine if the union had complied with the notification time stipulated in section 443(1) of the Act and if the union had genuinely attempted to reach an agreement with the employer. The union provided a declaration from Mr Andrew Bonello, which outlined the steps taken in bargaining with the employer and the union's efforts to reach an agreement.

The Deputy President concluded that the union had met the statutory requirements for a protected action ballot. Based on the material presented, including Mr Bonello's declaration, the Deputy President was satisfied that the notification time had been met and that the union had been genuinely attempting to reach an agreement with the employer. Consequently, the Deputy President determined the application on the papers and issued an order in PR750983 without the need for a hearing.

The court's decision was that the union had met the necessary criteria for a protected action ballot under the Fair Work Act 2009. The Deputy President issued an order to allow the union to proceed with the ballot, as outlined in the separate order in PR750983.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established