“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 1122

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

(B2023/425)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 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 PR761833.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), as the applicant, sought a protected action ballot order in relation to certain employees of the Queensland Rail and Transit Authority T/A Queensland Rail (Queensland Rail) under section 437 of the Fair Work Act 2009. The application was made in the Fair Work Commission, with the case being heard by Vice President Catanzariti in Sydney. The central issue was whether the AMWU had met the statutory requirements to hold a protected action ballot, particularly the notification time and the genuine attempt to reach agreement with Queensland Rail as mandated by section 443(1) of the Act.

The legal issues that the Commission had to address included whether the AMWU had indeed made a genuine attempt to reach an agreement with Queensland Rail and if the notification period stipulated in the Act had been appropriately observed. The Commission based its decision on the statutory declaration of Daniel William Lacey of the AMWU, which detailed the bargaining process and affirmed the union's genuine efforts to negotiate with Queensland Rail. The Commission found that the AMWU had satisfied the necessary conditions to proceed with the protected action ballot, including fulfilling the notification requirements.

In determining the matter, Vice President Catanzariti concluded that the AMWU had demonstrated a genuine attempt to reach an agreement and had complied with the notification requirements. Consequently, the application for the protected action ballot order was granted. An Order was issued separately in PR761833, formalising the decision. The case was resolved on the basis of the documentation provided, without the need for a hearing, due to the consent reached between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established