| [2023] FWC 1326 |
| 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
Interface Aust Pty Limited
(B2023/524)
| VICE PRESIDENT CATANZARITI | SYDNEY, 5 JUNE 2023 |
Proposed protected action ballot of employees of Interface Aust 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 Interface Aust Pty Limited (Respondent).
The Respondent neither consented nor objected 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 statutory declaration of John Stewart of the Applicant declared on 31 May 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 PR762808.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR762809>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Interface Aust Pty Limited [2023] FWC 1326
- Case
- [2023] FWC 1326
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court to decide were whether the AMWU had genuinely attempted to negotiate with Interface Aust Pty Limited and whether the statutory notification period for the proposed agreement had been met. The AMWU needed to demonstrate that it had been genuinely attempting to reach an agreement with the Respondent and that the requirements outlined in Section 443(1) of the Fair Work Act 2009 had been fulfilled. Based on the statutory declaration provided by John Stewart of the AMWU, the Vice President was satisfied that the union had genuinely attempted to negotiate and that the notification period had been met.
After reviewing the statutory declaration and other relevant documents, the Vice President concluded that the AMWU had fulfilled the necessary requirements for a protected action ballot order. The Vice President found that the AMWU had genuinely tried to reach an agreement with Interface Aust Pty Limited and that the statutory notification period for the proposed agreement had been met. Consequently, an Order was issued separately in PR762808.
In summary, the Fair Work Commission granted the AMWU's application for a protected action ballot order, finding that the union had genuinely attempted to negotiate with Interface Aust Pty Limited and that the statutory notification period for the proposed agreement had been met. The decision was made based on the documents provided, without holding a hearing. An Order was issued separately in PR762808.
Orders
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Background
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Evidence
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