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

[2022] FWC 2090

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

Placard Pty Ltd

(B2022/1187)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 AUGUST 2022

Proposed protected action ballot of employees of Placard 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 (Act) for a protected action ballot order in relation to certain employees of Placard Pty Ltd (the Respondent).

On 6 August 2022, 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 Barry Terzic 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 PR744576.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Manufacturing Workers’ Union (AMWU) applying for a protected action ballot order under section 437 of the Fair Work Act 2009. The application was in relation to certain employees of Placard Pty Ltd. The application was made without objection from the respondent, leading to the decision being made on the basis of the submitted documents.

The key legal issue was whether the AMWU had genuinely attempted to reach an agreement with Placard Pty Ltd and if the requirements under section 443(1) of the Act were fulfilled. The AMWU submitted a declaration from Mr Barry Terzic, asserting their efforts in bargaining and their genuine attempt to reach an agreement with Placard Pty Ltd. The Commission was required to determine whether the notification time for the proposed agreement was met and if the union had satisfied the criteria for a protected action ballot.

The Fair Work Commission found that the AMWU had indeed taken the necessary steps in bargaining and had been genuinely attempting to reach an agreement with Placard Pty Ltd. Given the absence of objection from the respondent and the evidence provided, the Commission was satisfied that the notification time for the proposed agreement had been met and that the requirements under section 443(1) of the Act were fulfilled. Therefore, the application for a protected action ballot order was granted.

As a result of the decision, an order was issued for a protected action ballot to proceed. This decision ensures that the AMWU can proceed with the ballot under the Fair Work Act, providing a legal framework for the union to engage in protected industrial action if necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established