“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Great Western Corporation Pty Ltd T/A Agpoint Australia

[2022] FWC 490

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

Great Western Corporation Pty Ltd T/A Agpoint Australia

(B2022/156)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 4 MARCH 2022

Proposed protected action ballot of employees of Great Western Corporation Pty Ltd Trading as Agpoint Australia.

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 (Act) for a protected action ballot order in relation to certain employees of Great Western Corporation Pty Ltd Trading as Agpoint Australia (the Respondent).

On 4 March 2022, my Associate was advised that the Respondent did not object to 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 declaration of Mr Ben Martin of the Applicant 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 PR739041.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Australian Manufacturing Workers’ Union (AMWU) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Great Western Corporation Pty Ltd Trading as Agpoint Australia. The application was made in relation to proposed protected action by employees, and the Respondent did not object to the application. The Deputy President, Clancy, decided to determine the matter on the papers without holding a hearing.

The legal issues before the court involved whether the AMWU had met the necessary requirements for a protected action ballot, including demonstrating that it had genuinely attempted to reach an agreement with the employer. The AMWU had to establish that the notification time in relation to the proposed agreement had been met, and that the conditions under section 443(1) of the Act were fulfilled. The court had to review the declaration of Mr Ben Martin of the AMWU, which outlined the steps taken during bargaining with the Respondent, to ensure that the union had genuinely tried to reach an agreement.

The court was satisfied that the AMWU had taken the necessary steps to meet the requirements of the Act, including genuinely attempting to reach an agreement with the employer. The declaration provided by Mr Martin confirmed that the union had been and was still attempting to reach an agreement, fulfilling the conditions under section 443(1) of the Act. Based on the material before the court, including the declaration, the court determined that the notification time in relation to the proposed agreement had been met. Consequently, the court granted the AMWU's application for a protected action ballot order.

An order has been separately issued in PR739041, authorising the AMWU to conduct a protected action ballot among the employees of Great Western Corporation Pty Ltd Trading as Agpoint Australia. This decision allows the union to proceed with the ballot as part of its efforts to reach an agreement with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established