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

[2022] FWC 1757

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

Dux Manufacturing Limited

(B2022/647)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 JULY 2022

Proposed protected action ballot of employees of Dux Manufacturing 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Dux Manufacturing Limited (Respondent).

On 6 July 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 John Stewart of the Applicant declared on 5 July 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 PR743508.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) lodged an application with the Fair Work Commission under section 437 of the Fair Work Act 2009 to hold a ballot for protected action among certain employees of Dux Manufacturing Limited. Dux Manufacturing Limited did not oppose the application. The application was determined on the papers without a hearing. The AMWU applied for the order to facilitate a ballot to determine whether employees would take protected action due to an industrial dispute.

The legal issues for the Fair Work Commission to determine were whether the AMWU had complied with the notification time for protected action, and whether the union had genuinely attempted to reach an agreement with Dux Manufacturing Limited. The AMWU provided a statutory declaration confirming that it had engaged in bargaining and was genuinely trying to reach an agreement. The Commission was satisfied that the union had met the requirements of section 443(1) of the Act.

Based on the information provided, the Fair Work Commission concluded that the AMWU had complied with the notification time and had genuinely attempted to reach an agreement with Dux Manufacturing Limited. The Commission issued an order allowing the AMWU to proceed with the ballot for protected action. This decision allows the employees to express their views on potential industrial action through a formal ballot process.

The Fair Work Commission issued an order permitting the AMWU to hold a ballot for protected action among Dux Manufacturing Limited’s employees. The order was issued separately in PR743508. The AMWU may now proceed with the ballot in accordance with the Act. The decision resolves the legal issues regarding the notification time and the union’s good faith efforts to reach an agreement, enabling the employees to exercise their rights under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established