| [2022] FWC 2346 |
| 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
Power and Water Corporation
(B2022/1311)
| VICE PRESIDENT CATANZARITI | SYDNEY, 5 SEPTEMBER 2022 |
Proposed protected action ballot of employees of Power and Water Corporation
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 Power and Water Corporation (Respondent).
On 2 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 Lloyd Pumpa of the Applicant declared on 29 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 PR745477.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR745478>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Power and Water Corporation [2022] FWC 2346
- Case
- [2022] FWC 2346
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the union had met the requirements to hold a protected action ballot, specifically whether there was a notification time in relation to the proposed agreement and if the union had genuinely tried to reach an agreement with the employer. The application hinged on the union's statutory declaration, which detailed the bargaining steps taken and affirmed the union's genuine efforts to reach an agreement with the employer. The Commission had to assess whether these efforts were sufficient to meet the statutory requirements for holding a protected action ballot.
In making its decision, the Commission considered the statutory declaration provided by Lloyd Pumpa of the AMWU, which outlined the union's negotiation process and its genuine attempts to reach an agreement. The Vice President, Catanzariti, concluded that the union had fulfilled the necessary conditions for a notification time and had genuinely tried to reach an agreement, thereby satisfying the requirements under section 443(1) of the Fair Work Act. Consequently, the application for a protected action ballot order was granted. The Commission's decision was made on the basis of the provided documentation and without the necessity of a hearing, given the unopposed nature of the application.
The final orders, issued separately, reflect the Commission's determination to allow the union to proceed with the ballot for protected action among the employees of the Power and Water Corporation. The Commission's decision underscores the importance of genuine negotiation efforts and compliance with statutory requirements in the process of seeking protected action.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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