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

[2023] FWC 1323

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

Eastern Australia Airlines Pty Limited

(B2023/515)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 JUNE 2023

Proposed protected action ballot of employees of Eastern Australia Airlines 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Eastern Australia Airlines Pty Limited (Respondent).

On 5 June 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 Tim Ferguson of the Applicant declared on 31 May 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 PR762800.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a protected action ballot order in relation to employees of Eastern Australia Airlines Pty Limited. The application was made under section 437 of the Fair Work Act 2009, concerning a proposed industrial action ballot. The union sought to conduct a ballot to determine if its members were willing to take protected industrial action. Eastern Australia Airlines Pty Limited did not oppose the application, allowing the matter to be decided on the papers without a hearing.

The primary legal issue the Fair Work Commission needed to address was whether the AMWU had met the statutory requirements for a protected action ballot. This involved 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 met. The commission had to ensure that the union's application complied with the provisions of section 443(1) of the Fair Work Act.

After reviewing the material provided, including a statutory declaration from Tim Ferguson of the AMWU, the Vice President of the Fair Work Commission, Catanzariti, was satisfied that the union had indeed been genuinely trying to reach an agreement with Eastern Australia Airlines Pty Limited. Furthermore, the commission found that the notification time in relation to the proposed agreement had been observed, and all necessary requirements under the Act had been fulfilled. Consequently, the application for a protected action ballot was approved, and an order was issued in PR762800. This decision allowed the AMWU to proceed with the ballot among its members to gauge their support for potential industrial action.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established