"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)

[2023] FWC 269

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

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)

(B2023/63)

VICE PRESIDENT CATANZARITI

SYDNEY, 1 FEBRUARY 2023

Proposed protected action ballot of employees of Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)

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 Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) (Respondent).

On 31 January 2023, 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 Glenn Thompson of the Applicant declared on 30 January 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 PR750107.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for an order allowing them to conduct a protected action ballot among certain employees of Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia). The application was made under section 437 of the Fair Work Act 2009, which pertains to protected action ballots in the context of workplace negotiations. Lloyd Helicopters did not oppose the application, allowing the Commission to proceed with the determination on the basis of the documentation submitted.

The primary legal issue before the Vice President was whether the AMWU had satisfied the requirements under section 443(1) of the Fair Work Act to hold a protected action ballot. This includes demonstrating that there had been genuine attempts to negotiate with the employer and that the notification period for the ballot had been appropriately observed. The Vice President examined the statutory declaration provided by Glenn Thompson of the AMWU, which detailed the union's negotiation efforts and compliance with the notification time stipulated by the Act.

After reviewing the submitted materials, including the statutory declaration, the Vice President concluded that the AMWU had genuinely tried to reach an agreement with Lloyd Helicopters and had met the notification requirements. Consequently, the Vice President determined that the AMWU was entitled to proceed with the protected action ballot among the specified employees. An order was issued accordingly, as detailed in PR750107.

This decision underscores the importance of thorough documentation and compliance with statutory requirements when seeking to conduct a protected action ballot, ensuring that both the union and the employer's rights and obligations are respected within the legislative framework provided by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established