“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Queensland Alumina Limited Summary

[2022] FWC 3078

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

Queensland Alumina Limited

(B2022/1719)

VICE PRESIDENT CATANZARITI

SYDNEY, 21 NOVEMBER 2022

Proposed protected action ballot of employees of Queensland Alumina Limited

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 Queensland Alumina Limited (Respondent).

On 15 November 2022, the Fair Work Commission was advised that the Respondent neither opposes nor consents 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 statutory declaration of Edward John Couch of the Applicant declared on 11 November 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 PR748120.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), represented by Edward John Couch, lodged an application with the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009, seeking an order to conduct a ballot of Queensland Alumina Limited's employees regarding proposed protected action. The application was made in the context of ongoing negotiations between the union and the company. The company neither opposed nor consented to the application, and the matter was determined by the FWC on the submitted documentation without the need for a hearing.

The primary legal issue before the FWC was whether the AMWU had satisfied the conditions for holding a ballot as stipulated in section 443(1) of the Fair Work Act. Specifically, the FWC needed to assess whether the union had genuinely attempted to reach an agreement with the employer and if there was a notification period for the proposed agreement. These criteria are essential for the FWC to grant a ballot order.

The FWC examined the statutory declaration submitted by Edward John Couch, which detailed the union's efforts to negotiate with Queensland Alumina Limited. The union provided evidence of its genuine attempts to reach an agreement, including specific steps taken during the bargaining process. The FWC also noted that the notification period for the proposed agreement had been met. Based on these findings, the FWC was satisfied that the AMWU had fulfilled the necessary conditions to proceed with the ballot. Consequently, the FWC granted the union's application, and an order was issued to allow the ballot to proceed.

The FWC's decision underscores the importance of the union's good-faith efforts in negotiating with the employer and the adherence to statutory notification requirements. The order facilitates the AMWU's ability to seek employee authorisation for protected action, thereby advancing the union's efforts to secure a favourable agreement with Queensland Alumina Limited.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Queensland Alumina Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established