| [2022] FWC 569 |
| 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
Downer EDI Rail Pty Ltd
(B2022/200)
| VICE PRESIDENT CATANZARITI | SYDNEY, 15 MARCH 2022 |
Proposed protected action ballot of employees of Downer EDI Rail 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 Downer EDI Rail Pty Ltd (Respondent).
On 14 March 2022, 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 Timothy Jackson of the Applicant declared on 11 March 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.
An Order has been separately issued in PR739301.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR739302>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Downer EDI Rail Pty Ltd [2022] FWC 569
- Case
- [2022] FWC 569
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the AMWU had complied with the notification time for the proposed agreement, whether the union had genuinely attempted to negotiate with Downer EDI Rail Pty Ltd, and whether the requirements under section 443(1) of the Fair Work Act 2009 had been met. The Commission found that the AMWU had satisfied these requirements based on the material presented, including the union's statutory declaration. The Commission concluded that the union had genuinely tried to reach an agreement with the employer and met the notification time for the proposed agreement.
Having reviewed the material before it, the Commission found that the AMWU had met the statutory requirements for a protected action ballot. The Commission determined that the union had genuinely attempted to negotiate with Downer EDI Rail Pty Ltd and that the notification time for the proposed agreement had been satisfied. Consequently, the Commission granted the AMWU's application for a protected action ballot order. The Commission's decision was based on the evidence presented, including the union's statutory declaration and the lack of opposition from Downer EDI Rail Pty Ltd. The Commission issued a separate order in PR739301, authorising the ballot.
In summary, the Fair Work Commission granted the AMWU's application for a protected action ballot order, finding that the union had met the statutory requirements and genuinely attempted to negotiate with Downer EDI Rail Pty Ltd. The employer did not oppose the application, and the matter was determined on the papers. The Commission issued an order in PR739301, authorising the ballot.
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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