“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Innofield Services Pty Ltd

[2022] FWC 2755

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

Innofield Services Pty Ltd

(B2022/1557)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 14 OCTOBER 2022

Proposed protected action ballot of employees of Innofield Services 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 Innofield Services Pty Ltd (Respondent).

On 14 October 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 Andrew Bonello 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 PR746822.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Innofield Services Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, and the matter was determined by Deputy President Clancy in Melbourne on 14 October 2022. The respondent, Innofield Services Pty Ltd, did not object to the application, and the matter was decided on the papers without a hearing. The AMWU sought the ballot order as part of its efforts to reach an agreement with Innofield Services Pty Ltd.

The legal issues before the court were whether the AMWU had satisfied the requirements of section 437 of the Fair Work Act 2009 for a protected action ballot order and whether the notification time in relation to the proposed agreement had been met. The AMWU had to demonstrate that it had genuinely tried to reach an agreement with Innofield Services Pty Ltd and that the requirements of section 443(1) of the Act had been fulfilled. The declaration of Mr Andrew Bonello of the AMWU, which outlined the steps taken by the union in bargaining with the respondent and its efforts to reach an agreement, was considered in the decision.

The Deputy President determined that the AMWU had satisfied the requirements of section 437 of the Fair Work Act 2009 for a protected action ballot order. The court found that the union had genuinely tried to reach an agreement with Innofield Services Pty Ltd and that the notification time in relation to the proposed agreement had been met. An order was separately issued in PR746822. The court's decision was based on the material before it, including the declaration of Mr Andrew Bonello and the absence of objections from the respondent. The AMWU's application for a protected action ballot order was granted.

The court's decision was issued on 14 October 2022, and an order was separately issued in PR746822. The decision confirmed the AMWU's right to proceed with a protected action ballot for its members in their dispute with Innofield Services Pty Ltd. The court found that the union had satisfied the requirements of the Fair Work Act 2009 for a protected action ballot order and that the notification time in relation to the proposed agreement had been met. The decision provided clarity for the parties involved and allowed the AMWU to proceed with its efforts to reach an agreement with Innofield Services Pty Ltd on behalf of its members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established