"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v CDC Victoria Pty Ltd

[2023] FWC 1380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

CDC Victoria Pty Ltd

(B2023/546)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 JUNE 2023

Proposed protected action ballot of employees of CDC Victoria 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 the Respondent, CDC Victoria Pty Ltd (Respondent).

On 13 June 2023, the Commission 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, Industrial Officer, of the AMWU, 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 all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission. A ballot period of 30 days from the date of the Order has been established by the Commission.

An order has been separately issued in PR763008.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning employees of CDC Victoria Pty Ltd. The AMWU sought to conduct a ballot to determine if its members would support protected industrial action. CDC Victoria Pty Ltd did not object to the application, allowing the FWC to decide the matter without a hearing.

The key legal issue before the FWC was whether the AMWU had met all the necessary requirements to conduct a protected action ballot. This included verifying that the union had genuinely attempted to reach an agreement with the employer, CDC Victoria Pty Ltd, and ensuring all statutory conditions were satisfied. The union had submitted a declaration from its Industrial Officer, Mr Raoul Wainwright, which detailed the union's efforts in bargaining with the employer and confirmed their ongoing attempts to reach an agreement.

The Deputy President Hampton of the FWC found that all requirements under section 443(1) of the Fair Work Act were fulfilled, including the notification period for the proposed agreement. The Deputy President was satisfied with the evidence presented, including the declaration from Mr Wainwright, which demonstrated the union's genuine efforts to negotiate. Consequently, the FWC granted the order, allowing the AMWU to conduct the ballot through the Australian Electoral Commission. A ballot period of 30 days from the date of the order was established.

In conclusion, the FWC issued an order permitting the AMWU to proceed with the protected action ballot. The order also specified that the ballot would be conducted by the Australian Electoral Commission and would run for a period of 30 days from the date of the order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established