“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Raytheon Australia Pty Ltd

[2022] FWC 2362

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

Raytheon Australia Pty Ltd

(B2022/1289)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 SEPTEMBER 2022

Proposed protected action ballot of employees of Raytheon Australia 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Raytheon Australia Pty Ltd (Respondent).

On 30 August 2022, the Fair Work Commission was advised that the Respondent did not oppose 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 Alan Lindsey of the Applicant declared on 26 August 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 PR745519.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Raytheon Australia Pty Ltd. The AMWU sought the order under section 437 of the Fair Work Act 2009 to facilitate a ballot of its members for potential industrial action. Raytheon Australia Pty Ltd did not oppose the application. The Vice President of the Fair Work Commission, Catanzariti, decided to determine the matter without a hearing based on the information presented.

The legal issue before the Court was whether the AMWU had met the requirements under the Fair Work Act 2009 for conducting a protected action ballot. This included verifying that the union had genuinely attempted to reach an agreement with the employer and that the notification period for the proposed agreement had been met. The AMWU submitted a statutory declaration from Alan Lindsey, detailing the union's bargaining efforts and the steps taken to meet the notification requirements.

The Vice President was satisfied that the AMWU had genuinely attempted to reach an agreement with Raytheon Australia Pty Ltd and that the notification period for the proposed agreement had been met. The statutory declaration and other materials provided by the AMWU demonstrated that the union had complied with the necessary legislative requirements. Consequently, the application for the protected action ballot order was approved.

An Order was issued in PR745519, authorising the AMWU to proceed with the ballot for protected industrial action among its members at Raytheon Australia Pty Ltd. The decision allows the union to seek authorisation from its members to engage in industrial action if the negotiation process fails to reach a satisfactory agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established