"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Queensland Rail and Transit Authority T/A Queensland Rail

[2023] FWC 1129

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 Rail and Transit Authority T/A Queensland Rail

(B2023/431)

VICE PRESIDENT CATANZARITI

SYDNEY, 12 MAY 2023

Proposed protected action ballot of employees of Queensland Rail and Transit Authority T/A Queensland Rail

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 Rail and Transit Authority T/A Queensland Rail (Respondent).

On 9 May 2023, the Fair Work Commission was advised that the Respondent objected to the application, however, the parties were able to reach a consent position.

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 Daniel William Lacey of the Applicant declared on 8 May 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 PR761855.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), filed an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of the Queensland Rail and Transit Authority trading as Queensland Rail. The Queensland Rail and Transit Authority objected to the application, but the parties eventually reached a consent position. The matter was determined by the Fair Work Commission on the basis of the submitted documents without a hearing.

The legal issue before the court was whether the AMWU had met the requirements under section 437 of the Fair Work Act 2009 to hold a protected action ballot. The court had to consider if the AMWU had genuinely tried to reach an agreement with Queensland Rail and Transit Authority and if the statutory notification period had been met. The AMWU's statutory declaration, stating its efforts to negotiate with the employer, was a key piece of evidence in this regard.

After reviewing the material, including the statutory declaration of Daniel William Lacey of the AMWU, the Vice President was satisfied that the union had been genuinely attempting to reach an agreement with the employer and that the notification period for the proposed agreement had been met. Consequently, the Vice President determined that the AMWU had fulfilled the requirements for a protected action ballot under section 437 of the Fair Work Act 2009. An order was issued in PR761855 in light of this decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established