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

[2022] FWC 1914

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

Manildra Energy Australia Pty Ltd

(B2022/690)

VICE PRESIDENT CATANZARITI

SYDNEY, 20 JULY 2022

Proposed protected action ballot of employees of Manildra Energy 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 Manildra Energy Australia Pty Ltd (Respondent).

On 19 July 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 Gavin Bubb of the Applicant declared on 14 July 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 PR744005.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Australian Manufacturing Workers' Union (AMWU) against Manildra Energy Australia Pty Ltd involved an application for a protected action ballot order in relation to certain employees of the respondent company. The AMWU sought the order under section 437 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which determined the matter on the papers without the need for a hearing, as the respondent did not oppose the application. The central issue before the Commission was whether the AMWU had satisfied the statutory requirements for holding a protected action ballot.

The Fair Work Commission considered the statutory declaration of Gavin Bubb of the AMWU, which detailed the steps taken by the union in bargaining with Manildra Energy Australia Pty Ltd. The declaration outlined that the union had been genuinely attempting to reach an agreement with the respondent. The Commission assessed whether the notification time for the proposed agreement was met and if the requirements of section 443(1) of the Fair Work Act had been fulfilled. Based on the evidence presented, the Commission concluded that the AMWU had met the necessary criteria for holding a protected action ballot.

The Fair Work Commission granted the AMWU's application for a protected action ballot order. This decision was made in light of the evidence provided by the union, which demonstrated their genuine efforts to negotiate with the respondent and the fulfilment of statutory requirements. Consequently, the AMWU was authorised to proceed with the ballot for protected action. An order was issued separately in PR744005, formalising the Commission's decision.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established