| [2022] FWC 686 |
| 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
Hufcor Pty Ltd
(B2022/244)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 28 MARCH 2022 |
Proposed protected action ballot of employees of Hufcor Pty Ltd.
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 Hufcor Pty Ltd (the Respondent).
On 28 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 Applicant’s response to the concerns raised by the Respondent and the declaration of Mr Barry Terzic 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 of the Act have been met. Accordingly, I consider it appropriate to make an order for a protected action ballot in the terms sought by the Applicant.
An order has been separately issued in PR739762.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR739761>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Hufcor Pty Ltd [2022] FWC 686
- Case
- [2022] FWC 686
- Decision Date
CaseChat Overview and Summary
The legal issues before the Fair Work Commission included whether the union had provided adequate notice of its intent to take protected action, and whether the union had genuinely attempted to reach an agreement with Hufcor Pty Ltd through bargaining. The union needed to demonstrate that it had followed the necessary procedures and had made a genuine effort to resolve the dispute without resorting to protected action. The Commission also had to consider whether the requirements of section 443 of the Fair Work Act had been satisfied, which relates to the notification of the proposed agreement.
In deciding the matter, the Deputy President considered the material submitted by the AMWU, including the union's response to the concerns raised by Hufcor Pty Ltd and a declaration by Mr. Barry Terzic of the AMWU setting out the steps taken in bargaining and the union's genuine attempts to reach agreement. The Deputy President was satisfied that the union had provided adequate notice and had genuinely tried to reach an agreement with Hufcor Pty Ltd. The Commission found that the requirements of section 443 of the Fair Work Act had been met, and it was appropriate to make an order for a protected action ballot in the terms sought by the AMWU.
The Fair Work Commission ordered a protected action ballot to be held in accordance with the terms of the AMWU's application. The decision was issued on 28 March 2022, and a separate order was issued in PR739762. The Commission did not hold a hearing, as Hufcor Pty Ltd did not object to the application, and the matter was determined on the papers submitted. The Deputy President found that the union had met the necessary requirements for a protected action ballot and that it was appropriate to allow the ballot to proceed.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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