"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v PPK Mining Equipment Pty Ltd Summary

[2023] FWC 525

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

PPK Mining Equipment Pty Ltd

(B2023/186)

VICE PRESIDENT CATANZARITI

SYDNEY, 3 MARCH 2023

Proposed protected action ballot of employees of PPK Mining Equipment 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 PPK Mining Equipment Pty Ltd (Respondent).

On 1 March 2023, 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 Tim Ferguson of the Applicant declared on 28 February 2023, 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 PR751365.

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 for a protected action ballot order concerning certain employees of PPK Mining Equipment Pty Ltd. This application was made under section 437 of the Fair Work Act 2009. The matter was decided on the papers without a hearing, as the respondent did not oppose the application. The AMWU had provided a statutory declaration by Tim Ferguson, affirming that the union had been genuinely trying to reach an agreement with the respondent and had taken the necessary steps in bargaining.

The legal issues before the Commission included whether the AMWU had complied with the notification requirements under section 443(1) of the Fair Work Act 2009 and whether there was a notification time in relation to the proposed agreement. The Commission considered the declaration by Tim Ferguson and other material before it. It found that the AMWU had indeed met the requirements and that there was a notification time. As a result, the Commission was satisfied that the application met the criteria for a protected action ballot order.

In summary, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission determined that the union had fulfilled the notification requirements and had been genuinely attempting to reach an agreement with PPK Mining Equipment Pty Ltd. The decision was made on the basis of the material provided, including the statutory declaration by Tim Ferguson. An Order was issued separately in PR751365.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v PPK Mining Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established