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

[2023] FWC 544

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

Nu-Mega Ingredients Pty Limited

(B2023/207)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 6 MARCH 2023

Proposed protected action ballot of employees of Nu-Mega Ingredients Pty Limited

This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Nu-Mega Ingredients Pty Limited (Respondent).

On 6 March 2023, 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 Raoul Wainwright 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 PR760052.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), on behalf of its members employed by Nu-Mega Ingredients Pty Limited, applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for an order allowing a ballot of employees regarding proposed protected action. The application was made as the union and the employer had been unable to reach an agreement through bargaining. The employer did not object to the application, leading to the Deputy President deciding to determine the matter without a hearing.

The legal issues before the court were whether the notification period for the proposed agreement was correctly calculated and whether the union had met the requirements set forth in section 443(1) of the Act. These requirements include demonstrating that the union has been genuinely attempting to reach an agreement with the employer and that a notification period has been provided.

The Deputy President found that the union had fulfilled the criteria necessary for a protected action ballot. The court was satisfied that the union had genuinely tried to reach an agreement with the employer and that the notification period for the proposed agreement had been appropriately calculated. The declaration provided by Mr. Raoul Wainwright of the AMWU supported these findings. Consequently, the court determined that the application met the legal requirements and issued the sought order.

An order has been issued under PR760052, allowing the union to proceed with the ballot of employees regarding the proposed protected action. The decision ensures that the union can follow the legal process for seeking a resolution to the bargaining impasse with the employer.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established