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

[2022] FWC 648

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

(B2022/215)

VICE PRESIDENT CATANZARITI

SYDNEY, 24 MARCH 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 22 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 John Stewart of the Applicant declared on 21 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 PR739637.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU), acting on behalf of certain employees, applied to the Fair Work Commission for an order to allow a protected action ballot in relation to Dux Manufacturing Limited. The application was made under section 437 of the Fair Work Act 2009. The AMWU sought the ballot to facilitate a proposed agreement with Dux Manufacturing Limited, which the union claimed it had been genuinely attempting to negotiate. The union asserted that it had met all statutory requirements, including the notification time stipulated by the Act.

The primary legal issue for the Fair Work Commission to determine was whether the AMWU had satisfied the prerequisites for a protected action ballot under the Fair Work Act. Specifically, the court needed to ascertain if the union had genuinely been attempting to reach an agreement with Dux Manufacturing Limited, and if the notification period mandated by the Act had been appropriately adhered to. The union had submitted a statutory declaration from John Stewart, outlining the negotiation process and the union’s efforts to reach an agreement.

In rendering its decision, the Vice President Catanzariti considered the material provided by the AMWU, including the statutory declaration by John Stewart. The declaration detailed the steps taken by the union in its bargaining efforts and confirmed that the union had indeed been genuinely attempting to reach an agreement with Dux Manufacturing Limited. The Commission found that the union had met the statutory requirements and that a notification period had been observed. Consequently, the application was approved, allowing the AMWU to proceed with the ballot.

An order was issued, permitting the AMWU to conduct a protected action ballot among the employees of Dux Manufacturing Limited as part of the ongoing negotiations. The Commission determined that the union had fulfilled the necessary conditions under the Fair Work Act, thereby validating the ballot application.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established