| [2022] FWC 2233 |
| 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
Qenos Pty Ltd
(B2022/1263)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 22 AUGUST 2022 |
Proposed protected action ballot of employees of Qenos 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 Qenos Pty Ltd (Respondent).
On 22 August 2022, my Associate was advised that the Respondent did not object to the application on the basis that the Respondent and Applicant had reached a consent position whereby the notice period required for the taking of industrial action would be extended from 3 working days to 5 working days.
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. I am also satisfied based on the position of the parties and the material before me that I should exercise the discretionary power in s.443(5) of the Act and specify a period of 5 working days as the period of written notice referred to in s.414(2)(b) of the Act.
An order has been separately issued in PR745042.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR745047>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Qenos Pty Ltd [2022] FWC 2233
- Case
- [2022] FWC 2233
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the AMWU had complied with the notification requirements under section 443(1) of the Fair Work Act 2009 and whether the Deputy President should exercise the discretionary power under section 443(5) of the Act to specify the notice period. The AMWU argued that it had genuinely tried to reach an agreement with Qenos Pty Ltd and had taken the necessary steps to comply with the Act. The court needed to assess whether the AMWU's actions were in accordance with the legislative requirements and if the specified notice period was appropriate.
In making the decision, the Deputy President considered the declaration by Mr. Barry Terzic of the AMWU, which outlined the union's efforts in bargaining with Qenos Pty Ltd and its genuine attempts to reach an agreement. The court was satisfied that the AMWU had met the notification requirements and that the proposed extension of the notice period to five working days was appropriate. Consequently, the Deputy President exercised the discretionary power under section 443(5) of the Act and specified a five-working-day notice period for the proposed industrial action ballot.
The court issued an order under PR745042, specifying the five-working-day notice period for the proposed industrial action ballot. The court's decision was based on the material presented by the AMWU and the consent position reached with Qenos Pty Ltd.
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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