"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Curragh Queensland Mining Pty Ltd Summary

[2023] FWC 950

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

Curragh Queensland Mining Pty Ltd

(B2023/357)

VICE PRESIDENT CATANZARITI

SYDNEY, 21 APRIL 2023

Proposed protected action ballot of employees of Curragh Queensland Mining 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 Curragh Queensland Mining Pty Ltd (Respondent).

On 19 April 2023, 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 Glenn Desmond Sam of the Applicant declared on 17 April 2023, 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 PR761278.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, sought an order for a protected action ballot under section 437 of the Fair Work Act 2009. This application was made in relation to certain employees of Curragh Queensland Mining Pty Ltd. The Fair Work Commission, represented by Vice President Catanzariti, heard the matter on 21 April 2023. Notably, Curragh Queensland Mining Pty Ltd did not oppose the application, leading the Commission to decide the matter based on the provided documents without a formal hearing.

The primary legal issues the court had to address were whether the AMWU had genuinely tried to reach an agreement with Curragh Queensland Mining Pty Ltd and whether the notification requirements stipulated in section 443(1) of the Fair Work Act 2009 had been fulfilled. The AMWU asserted that it had taken all necessary steps in bargaining and had been genuinely attempting to reach an agreement with the Respondent. The evidence provided included a statutory declaration from Glenn Desmond Sam of the AMWU, affirming the union's efforts in bargaining.

The Vice President, after reviewing the material before the court, found that the union had indeed taken all necessary steps and was genuinely attempting to reach an agreement with the employer. Furthermore, the Vice President was satisfied that the notification time for the proposed agreement was appropriate and that all statutory requirements had been met. Consequently, the Vice President determined that an Order for a protected action ballot was appropriate.

An Order was subsequently issued in PR761278, permitting the AMWU to proceed with the protected action ballot as requested. This decision underscored the importance of adherence to the Fair Work Act's provisions regarding protected action and the need for genuine bargaining efforts by unions.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Curragh Queensland Mining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established