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

[2022] FWC 2304

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

Peanut Company of Australia Pty Ltd

(B2022/1286)

VICE PRESIDENT CATANZARITI

SYDNEY, 30 AUGUST 2022

Proposed protected action ballot of employees of Peanut Company of 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 Peanut Company of Australia Pty Ltd (Respondent).

On 29 August 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 Scott Anton Robert Stanford of the Applicant declared on 26 August 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 PR745311.

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 an order allowing a protected action ballot among employees of the Peanut Company of Australia Pty Ltd. The application was made due to the AMWU's assertion that it had been genuinely attempting to reach an agreement with the company but had been unsuccessful. The Peanut Company did not oppose the application. The matter was determined on the papers, without a hearing, by Vice President Catanzariti on 30 August 2022.

The legal issue before the Commission was whether the AMWU had met the requirements under the Fair Work Act to conduct a protected action ballot. Specifically, the Commission needed to determine if the union had genuinely attempted to negotiate with the company and if it had complied with the notification time stipulated in the Act. The union provided a statutory declaration by Scott Anton Robert Stanford, outlining the steps taken in the bargaining process and affirming that the union had been genuinely attempting to reach an agreement.

The Vice President was satisfied, based on the materials presented, that the union had indeed been genuinely attempting to negotiate with the company and had complied with the notification time requirements. The statutory declaration provided sufficient evidence of the union's efforts and the company's non-opposition to the ballot. Consequently, the Commission decided to grant the union's application for a protected action ballot.

An order was issued in PR745311, allowing the AMWU to proceed with the ballot as requested. This decision underscores the importance of the union's obligation to genuinely negotiate and comply with legal requirements before taking protected industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established