| [2022] FWC 2981 |
| 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
Cleary Bros (Bombo) Pty Ltd
(B2022/1692)
| VICE PRESIDENT CATANZARITI | SYDNEY, 10 NOVEMBER 2022 |
Proposed protected action ballot of employees of Cleary Bros (Bombo) 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Cleary Bros (Bombo) Pty Ltd (Respondent).
On 10 November 2022, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of John Stewart of the Applicant declared on 9 November 2022, 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 PR747798.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR747799>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Cleary Bros (Bombo) Pty Ltd [2022] FWC 2981
- Case
- [2022] FWC 2981
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the AMWU had fulfilled the requirements outlined in section 443(1) of the Fair Work Act, which pertain to the notification time for protected action. Specifically, the FWC had to assess if the union had genuinely attempted to negotiate with the employer and if there was an appropriate notification period prior to the proposed industrial action. The FWC examined the statutory declaration from John Stewart of the AMWU, which detailed the bargaining process and the union's efforts to reach an agreement with the respondent.
Upon reviewing the statutory declaration and other documents, the FWC concluded that the AMWU had indeed been genuinely trying to reach an agreement with Cleary Bros (Bombo) Pty Ltd and that the notification time for the proposed agreement had been appropriately observed. Consequently, the FWC was satisfied that the conditions set forth in section 443(1) of the Act had been met, thereby granting the AMWU's application for a protected action ballot. An order was subsequently issued in PR747798, authorising the union to proceed with the ballot.
The FWC's decision underscores the importance of ensuring that unions comply with the legal requirements for protected action, including genuine bargaining efforts and proper notification periods. The FWC's determination in this case highlights the procedural steps that must be followed to secure authorisation for a protected action ballot, providing clarity for unions and employers engaging in industrial negotiations.
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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