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

[2022] FWC 1210

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

Liberty Bell Bay Pty Ltd

(B2022/442)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 18 MAY 2022

Proposed protected action ballot of employees of Liberty Bell Bay 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 Liberty Bell Bay Pty Ltd (the Respondent).

On 17 May 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 Jacob Batt 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 PR741723.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers’ Union (AMWU) applied for an order permitting a ballot of employees of Liberty Bell Bay Pty Ltd regarding protected industrial action. The application was made under section 437 of the Fair Work Act 2009, seeking permission to conduct a ballot for proposed protected action. The union argued that it had been genuinely attempting to negotiate with the employer and that the statutory notification period for such action had been met. Liberty Bell Bay Pty Ltd did not oppose the application.

The central legal issue for the Commission to address was whether the AMWU had fulfilled the prerequisites for conducting a protected action ballot as outlined in the Fair Work Act 2009. Specifically, the court had to determine if the union had genuinely attempted to reach an agreement with the employer and if the statutory notification period had been appropriately observed. The union's declaration, submitted by Mr Jacob Batt, provided the necessary details regarding the bargaining process and compliance with the Act's requirements.

The Deputy President reviewed the documentation provided by the AMWU, including Mr Batt's declaration. The evidence presented demonstrated that the union had indeed been engaged in good faith negotiations with the employer and that the requisite notification period had been adhered to. Given the lack of objection from Liberty Bell Bay Pty Ltd, the Deputy President determined that the application met the statutory criteria. Consequently, the application for a protected action ballot was granted, and an order was issued accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established