“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 Summary

[2023] FWC 1120

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)

Queensland Rail and Transit Authority T/A Queensland Rail

(B2023/423)

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 PR761828.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot order from the Fair Work Commission in relation to employees of Queensland Rail and Transit Authority, trading as Queensland Rail. The AMWU, represented by Daniel William Lacey, sought the order under section 437 of the Fair Work Act 2009 to conduct a ballot for protected action in response to the breakdown of negotiations over a proposed agreement. Queensland Rail opposed the application but later reached a consent position with the AMWU, leading to the matter being determined on the papers without a hearing.

The legal issues before the Fair Work Commission included whether the AMWU had genuinely attempted to reach agreement with Queensland Rail and if the notification time for the proposed agreement had been met. The AMWU submitted a statutory declaration affirming its genuine attempts at negotiation and compliance with the Act. The Commission reviewed the material, including the statutory declaration, to assess the AMWU's claims against the statutory requirements.

The Vice President, Catanzariti, was satisfied that the AMWU had genuinely tried to reach an agreement and that the notification time requirements under section 443(1) of the Act were met. Consequently, the Commission decided to grant the AMWU's application for a protected action ballot order. An Order was issued separately in PR761828.

This decision underscores the importance of genuine negotiations and compliance with statutory requirements when seeking a protected action ballot. The Commission's decision to grant the order highlights the need for unions to provide adequate evidence of their negotiation efforts and adherence to legislative timeframes.

“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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established