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

[2022] FWC 2625

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

IPEC Pty Ltd

(B2022/1459)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 SEPTEMBER 2022

Proposed protected action ballot of employees of IPEC 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of IPEC Pty Ltd (Respondent).

On 28 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 Peter Dalton of the Applicant declared on 21 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 PR746320.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) has applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for an order allowing a ballot of certain employees of IPEC Pty Ltd regarding proposed protected action. The application was made on the basis that the AMWU has been genuinely attempting to reach an agreement with IPEC Pty Ltd over certain terms and conditions of employment. IPEC Pty Ltd did not oppose the application, and the matter was determined on the papers without a hearing.

The central legal issue before the Commission was whether the AMWU had satisfied the prerequisites for a protected action ballot as outlined in the Fair Work Act. Specifically, the AMWU needed to demonstrate that it had genuinely attempted to negotiate with IPEC Pty Ltd and that the notification period for the proposed agreement had been met. The evidence provided, including a statutory declaration by Peter Dalton of the AMWU, indicated that the union had been actively engaged in bargaining and had met the notification requirements under section 443(1) of the Act.

In light of the evidence presented, Vice President Catanzariti was satisfied that the AMWU had fulfilled the necessary conditions for the ballot. The Commission determined that the application should be granted and issued an order accordingly. This decision underscores the importance of genuine bargaining efforts and adherence to statutory notification periods in the context of protected action ballots under the Fair Work Act.

The final orders issued by the Fair Work Commission permit the AMWU to proceed with the ballot of the specified employees of IPEC Pty Ltd regarding the proposed protected action. This decision is a clear affirmation of the Commission's role in overseeing and facilitating the processes of workplace negotiations and protected actions.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established