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

[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.

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).

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.

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.

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.

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

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) lodged an application under section 437 of the Fair Work Act 2009 to the Fair Work Commission, seeking a protected action ballot order in relation to certain employees of the Country Fire Authority (CFA). The AMWU sought to conduct a ballot to potentially take industrial action. The CFA did not object to the ballot but initially requested an extension of the notice period for certain industrial actions from three to seven working days. This request was later withdrawn, and the CFA confirmed it had no objection to the Commission making the PABO. The application was determined on the papers submitted by both parties.

The central legal issue before the Deputy President was whether the AMWU had satisfied the requirements of the Fair Work Act for issuing a protected action ballot order. This involved determining if there was a notification period in relation to the proposed agreement and whether the AMWU had genuinely attempted to reach an agreement with the CFA. The Deputy President needed to consider the declaration from Mr. Raoul Wainwright of the AMWU, which outlined the union's bargaining efforts and its attempts to reach an agreement with the CFA.

The Deputy President found that the AMWU had met the requirements under section 443(1) of the Act, as evidenced by the declaration of Mr. Wainwright, which detailed the union's genuine efforts to negotiate with the CFA. The CFA's initial request for an extended notice period was withdrawn, and both parties confirmed they had no objection to the Deputy President proceeding to determine the matter on the papers. Consequently, the Deputy President was satisfied that a notification time was in place and that the AMWU had genuinely tried to reach an agreement. A protected action ballot order was issued in conjunction with the decision.

The Fair Work Commission, through Deputy President Bell, issued a protected action ballot order in favour of the AMWU, allowing the union to proceed with the ballot for potential industrial action. The CFA's initial request for an extended notice period was withdrawn, and no objections were raised by either party to the determination on the papers. The Deputy President concluded that the AMWU had met the statutory requirements for a protected action ballot order, and the order was issued accordingly.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established