“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Country Fire Authority

[2023] FWC 1056

[2023] FWC 1056

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

Country Fire Authority

(B2023/401)

DEPUTY PRESIDENT BELL MELBOURNE, 4 MAY 2023

Proposed protected action ballot of employees of Country Fire Authority.

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 (the Act) for a protected action ballot order in relation to certain employees of the Country Fire Authority (the Respondent, CFA).

1. The CFA advised the Commission it did not object to the protected action ballot order (PABO) being made, subject to an initial request that there be an extension of the notice period required from 3 working days to 7 working days for the taking of industrial action identified in proposed questions 3, 4, 5 and 6 of the draft order. The AMWU advised the Commission that it opposed the view put by the CFA that an extended period of notice should apply. The application was subsequently allocated to my chambers for determination.

1. The CFA subsequently advised my Chambers that it withdrew its request that there be a longer notice period of 7 days, and that they did not object to the Commission making a PABO. Both parties confirmed that they did not object to me proceeding to determine the matter on the papers.

1. On the basis of the material before me, including the declaration of Mr Raoul Wainwright 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 the requirements in s.443(1) of the Act have been met.

1. A protected action ballot order[1] has been issued in conjunction with this decision.

DEPUTY PRESIDENT

[1] PR761626

Printed by authority of the Commonwealth Government Printer

<PR761625>