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

[2022] FWC 1027

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

Joy Global Australia Pty Ltd

(B2022/377)

VICE PRESIDENT CATANZARITI

SYDNEY, 4 MAY 2022

Proposed protected action ballot of employees of Joy Global Australia 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 Joy Global Australia Pty Ltd (Respondent).

On 3 May 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 Timothy Jackson of the Applicant declared on 2 May 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 PR741222.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) filed an application under section 437 of the Fair Work Act 2009, seeking an order for a protected action ballot among employees of Joy Global Australia Pty Ltd. The AMWU, which represents the employees, had been in negotiations with Joy Global Australia Pty Ltd regarding a proposed agreement. The union applied for the ballot as it had been genuinely attempting to reach an agreement with the employer, but negotiations had reached an impasse. The employer did not oppose the application, leading the Fair Work Commission to determine the matter on the papers without a hearing.

The central legal issue before the court was whether the AMWU had fulfilled the requirements for a protected action ballot under section 437 of the Fair Work Act 2009. This involved verifying that the union had taken necessary steps in bargaining with the employer and had been genuinely trying to reach an agreement. The court also needed to confirm that the notification period had been met, as stipulated in section 443(1) of the Act.

In evaluating the application, the Vice President of the Fair Work Commission, Catanzariti, reviewed the evidence provided by the AMWU, including the statutory declaration of Timothy Jackson. Based on the material presented, which demonstrated the union's efforts to negotiate and the timing of the notification, the Vice President was satisfied that the AMWU had met the statutory requirements. Consequently, the Vice President decided to grant the AMWU's application for a protected action ballot.

An order was issued in PR741222, allowing the AMWU to proceed with the ballot among the employees of Joy Global Australia Pty Ltd. This decision underscores the importance of meeting procedural requirements when seeking a protected action ballot and highlights the role of the Fair Work Commission in facilitating such processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established