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

[2022] FWC 2555

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 Group Limited

(B2022/1393)

VICE PRESIDENT CATANZARITI

SYDNEY, 21 SEPTEMBER 2022

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

On 21 September 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 Daniel Stephen Dougherty of the Applicant declared on 15 September 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 PR746133.

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 an order allowing a protected action ballot in relation to certain employees of Inghams Group Limited. Inghams Group Limited did not oppose the application, and the matter was decided on the papers without a hearing. The AMWU sought the order to enable a ballot to be held for potential industrial action by its members, which was proposed due to ongoing negotiations with Inghams Group Limited regarding a new enterprise agreement. The Commission was required to determine whether the AMWU had met the requirements under section 437 of the Fair Work Act 2009 to hold such a ballot.

The primary legal issue was whether the AMWU had genuinely attempted to negotiate in good faith with Inghams Group Limited and whether the statutory notification period for the proposed agreement had been met. The Commission assessed the statutory declaration provided by Daniel Stephen Dougherty, an AMWU representative, which outlined the bargaining process and the union's efforts to reach an agreement. Additionally, the Commission needed to ensure that all procedural requirements under section 443(1) of the Act had been fulfilled before granting the order.

Upon reviewing the evidence presented, the Vice President was satisfied that the AMWU had genuinely tried to reach an agreement with Inghams Group Limited and that the notification period for the proposed agreement was appropriately observed. The Vice President determined that the conditions for a protected action ballot were met, leading to the issuance of the order. The decision was made to proceed with the matter on the papers, given the absence of opposition from Inghams Group Limited and the completeness of the documentation provided.

The Fair Work Commission granted the AMWU's application for a protected action ballot order, enabling the union to proceed with the ballot as per the provisions of the Fair Work Act. This decision allows the AMWU to consult its members about potential industrial action, subject to the protections and requirements outlined in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established