“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Metroll Queensland Pty Limited Summary

[2022] FWC 2652

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

Metroll Queensland Pty Limited

(B2022/1483)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 SEPTEMBER 2022

Proposed protected action ballot of employees of Metroll Queensland Pty Limited

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 Metroll Queensland Pty Limited (Respondent).

On 30 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 Paul Allan McGrath of the Applicant declared on 29 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 PR746417.

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 under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Metroll Queensland Pty Limited. The AMWU sought the order to allow its members to vote on taking protected industrial action. The application was made due to the union's ongoing and genuine attempts to reach an agreement with the employer. Metroll Queensland Pty Limited did not oppose the application, resulting in the matter being decided on the papers without a hearing.

The primary legal issue before the Commission was whether the AMWU had met the requirements to hold a protected action ballot. The Commission needed to determine if the union had genuinely attempted to reach an agreement with the employer and if there was a notification time in relation to the proposed agreement. These factors are crucial in deciding whether to grant the ballot order.

The Commission concluded that the AMWU had met the statutory requirements under section 443(1) of the Fair Work Act. The union provided evidence through a statutory declaration from Paul Allan McGrath, which detailed the union's efforts in bargaining with the employer and its genuine attempts to reach an agreement. Additionally, the Commission noted the presence of a notification time for the proposed agreement, further supporting the granting of the ballot order.

Consequently, the Commission issued an order allowing the AMWU to proceed with the protected action ballot. This decision enabled the union members to vote on taking protected industrial action in their pursuit of reaching an agreement with the employer.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Metroll Queensland Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established