| [2022] FWC 330 |
| 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
Electro-Motive Maintenance Operations Pty Limited
(B2022/70)
| VICE PRESIDENT CATANZARITI | SYDNEY, 16 FEBRUARY 2022 |
Proposed protected action ballot of employees of Electro-Motive Maintenance Operations 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 Electro-Motive Maintenance Operations Pty Limited (Respondent).
On 14 February 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 3 February 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 PR738436.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR738437>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Electro-Motive Maintenance Operations Pty Limited [2022] FWC 330
- Case
- [2022] FWC 330
- Decision Date
CaseChat Overview and Summary
The legal issues before the Fair Work Commission related to whether the AMWU had met the requirements of section 437 of the Fair Work Act to apply for a ballot order. The Commission had to determine whether the AMWU had genuinely been trying to reach agreement with Electro-Motive Maintenance Operations Pty Limited and whether a notification period had elapsed. The Commission also had to consider whether the requirements of section 443(1) of the Act had been fulfilled. The AMWU provided a statutory declaration from John Stewart that outlined the steps taken in bargaining with Electro-Motive Maintenance Operations Pty Limited and that the union had been genuinely trying to reach agreement.
Vice President Catanzariti found that the AMWU had met the requirements for a ballot order under section 437 of the Fair Work Act. The Vice President was satisfied that a notification period had elapsed and that the union had genuinely been trying to reach agreement with Electro-Motive Maintenance Operations Pty Limited. The Vice President also found that the requirements of section 443(1) of the Act had been fulfilled. Consequently, the application for a ballot order was granted. The Fair Work Commission decided to determine the matter on the papers without holding a hearing.
The Fair Work Commission issued an order permitting the AMWU to conduct a ballot of the employees of Electro-Motive Maintenance Operations Pty Limited on the proposed protected action. The order was issued separately and is identified as PR738437.
Orders
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Background
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Evidence
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