“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Crown Equipment Pty Limited Summary

[2022] FWC 1782

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

Crown Equipment Pty Limited

(B2022/660)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 JULY 2022

Proposed protected action ballot of employees of Crown Equipment Pty Limited.

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 Crown Equipment Pty Limited (the Respondent).

On 8 July 2022, my Associate 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 Andrew Bonello of the Applicant 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 PR743596.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission recently determined an application made by the Australian Manufacturing Workers’ Union (AMWU) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order in relation to certain employees of Crown Equipment Pty Limited. The AMWU sought the order to ballot its members employed by Crown Equipment, with the aim of potentially taking protected action in pursuit of their bargaining objectives. Crown Equipment did not object to the application, leading the Deputy President to determine the matter on the papers without the need for a hearing.

The primary legal issue before the Commission was whether the AMWU had satisfied the prerequisites for conducting a protected action ballot, as outlined in section 437 of the Act. This includes verifying that the union had genuinely attempted to reach an agreement with the employer and that the notification period for the proposed agreement had been appropriately observed. The AMWU submitted a declaration from Mr. Andrew Bonello, who attested to the union’s efforts in bargaining with Crown Equipment and its genuine attempts to reach an agreement. The Commission assessed the provided documentation and determined that the union had met the statutory requirements.

The Deputy President concluded that the AMWU had satisfied the necessary conditions for a protected action ballot. Given Crown Equipment's lack of objection and the evidence presented by the AMWU, the Commission was satisfied that the union had genuinely attempted to reach an agreement and that the requisite notification period had been met. Consequently, the Commission issued the order permitting the AMWU to proceed with the ballot as requested.

The final orders issued by the Fair Work Commission granted the AMWU’s application, allowing the union to conduct a protected action ballot among its members employed by Crown Equipment. This decision ensures that the union can pursue its bargaining objectives in accordance with the statutory framework provided by the Fair Work Act.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Crown Equipment Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established