“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Coca-Cola Europacific Partners Australia Pty Limited

Case [2022] FWC 2153


[2022] FWC 2153

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

Coca-Cola Europacific Partners Australia Pty Limited

(B2022/1207)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 AUGUST 2022

Proposed protected action ballot of employees of Coca-Cola Europacific Partners Australia Pty Limited

  1. 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 Coca-Cola Europacific Partners Australia Pty Limited (Respondent).

  1. On 11 August 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

  1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

  1. On the basis of the material before me, including the statutory declaration of Mark Rossetto of the Applicant declared on 10 August 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.

  1. An Order has been separately issued in PR744762.


VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744763>

Details
AGLC
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Coca-Cola Europacific Partners Australia Pty Limited [2022] FWC 2153
Case
[2022] FWC 2153
Decision Date

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Coca-Cola Europacific Partners Australia Pty Limited. The application was made under section 437 of the Fair Work Act 2009. Coca-Cola Europacific Partners Australia Pty Limited did not oppose the application, and the matter was decided on the papers without a hearing.

The legal issue before the Fair Work Commission was whether the AMWU had met the requirements for a protected action ballot order under section 437 of the Fair Work Act 2009. The Commission needed to determine whether the union had genuinely tried to reach an agreement with the employer, and whether the notification time for the proposed agreement had been met. The Commission considered the statutory declaration of Mark Rossetto of the AMWU, which set out the steps taken by the union in bargaining with the employer.

The Fair Work Commission was satisfied that the AMWU had met the requirements for a protected action ballot order. The Commission found that the union had been genuinely trying to reach an agreement with the employer and that the notification time for the proposed agreement had been met. The Commission issued an Order in PR744762, granting the AMWU's application for a protected action ballot order. The decision was made on the basis of the material before the Commission, including the statutory declaration of Mark Rossetto.

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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