"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Inghams Enterprises Pty Limited

[2023] FWC 347

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

Inghams Enterprises Pty Limited

(B2023/90)

VICE PRESIDENT CATANZARITI

SYDNEY, 10 FEBRUARY 2023

Proposed protected action ballot of employees of Inghams Enterprises 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 Inghams Enterprises Pty Limited (Respondent).

On 9 February 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 Fergal Eiffe of the Applicant declared on 8 February 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 PR750397.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by the Australian Manufacturing Workers' Union (AMWU), represented by Fergal Eiffe, under section 437 of the Fair Work Act 2009. The AMWU sought to hold a protected action ballot for certain employees of Inghams Enterprises Pty Limited. Inghams Enterprises did not oppose the application. The case, decided by Vice President Catanzariti on 10 February 2023, was processed without a hearing due to Inghams Enterprises' lack of opposition.

The primary legal issue before the Commission was whether the AMWU had fulfilled the prerequisites for a protected action ballot as stipulated in section 443(1) of the Fair Work Act 2009. Specifically, the Commission had to determine if there was a notification time for the proposed agreement and if the AMWU had genuinely attempted to reach an agreement with Inghams Enterprises. This involved assessing the steps taken by the AMWU in bargaining with Inghams Enterprises, as outlined in the statutory declaration of Fergal Eiffe.

Vice President Catanzariti reviewed the material submitted, including the declaration by Fergal Eiffe, which detailed the AMWU's bargaining efforts with Inghams Enterprises. The Commission concluded that the statutory requirements for a protected action ballot were met. It found that the AMWU had indeed been genuinely attempting to reach an agreement and that there was a notification time in relation to the proposed agreement. Consequently, the Commission determined that the AMWU was eligible to proceed with the ballot.

In light of the findings, the Fair Work Commission issued an order permitting the AMWU to conduct the protected action ballot for the employees of Inghams Enterprises. This decision was made based on the evidence presented and the absence of opposition from Inghams Enterprises. The order was issued under separate reference number PR750397.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established