“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 2438

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

(B2022/1366)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 SEPTEMBER 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 13 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 Gavin Bubb of the Applicant declared on 12 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 PR745784.

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 (FWC) for a protected action ballot order in relation to certain employees of Manildra Energy Australia Pty Ltd. The AMWU sought the order under section 437 of the Fair Work Act 2009 (Cth) (Act) for a proposed protected action ballot. Manildra Energy did not oppose the application. The matter was determined by the FWC on the papers without a hearing.

The legal issue before the FWC was whether the AMWU had met the requirements to hold a protected action ballot. The FWC had to consider whether the AMWU had genuinely tried to reach an agreement with Manildra Energy and whether the statutory notification period for the proposed agreement had been met. The FWC also had to determine whether the requirements of section 443(1) of the Act had been satisfied.

The FWC was satisfied that the AMWU had genuinely tried to reach an agreement with Manildra Energy and that there was a notification time in relation to the proposed agreement. The FWC was also satisfied that the requirements in section 443(1) of the Act had been met. Based on the material before it, including a statutory declaration from the AMWU, the FWC determined that the AMWU had met the requirements to hold a protected action ballot.

The FWC issued an order granting the AMWU's application for a protected action ballot order. The order was issued separately in PR745784. The AMWU was now authorised to hold a ballot of its members in relation to the proposed agreement. The order was made on 13 September 2022.

“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