“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Royal Automobile Club of Victoria (RACV) Limited

[2018] FWC 4957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protection action ballot order

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

Royal Automobile Club of Victoria (RACV) Limited

(IA2018-4587)

Deputy President Gostencnik

MELBOURNE, 24 AUGUST 2018

Proposed protected action ballot of employees of Royal Automobile Club of Victoria (RACV) 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 (Act) for a protected action ballot order in relation to certain employees of Royal Automobile Club of Victoria (RACV) Limited (Respondent).

On 23 August 2018, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr J Gardner of the Applicant 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 PR620130.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< PR620129>

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission for a protected action ballot order concerning employees of the Royal Automobile Club of Victoria (RACV) Limited. The AMWU sought the order under section 437 of the Fair Work Act 2009 to facilitate a ballot for protected industrial action. RACV did not object to the application, and the matter was determined on the papers without a hearing. The AMWU's application was predicated on its assertion that it had been genuinely attempting to reach an agreement with RACV but had not been successful.

The legal issues before the Commission involved determining whether the AMWU had met the statutory requirements for a protected action ballot under section 437 of the Fair Work Act. Specifically, the Commission needed to ascertain whether there was a notification time in relation to the proposed agreement, and if the AMWU had fulfilled the obligations under section 443(1) of the Act. The AMWU provided a statutory declaration by Mr. J Gardner, detailing the bargaining process and asserting that it had been genuinely attempting to reach an agreement with RACV.

The Deputy President Gostencnik concluded that the AMWU had satisfied the requirements for a protected action ballot order. The statutory declaration and the absence of objection from RACV were pivotal in reaching this conclusion. The Deputy President found that the AMWU had indeed met the notification time and had complied with section 443(1) of the Act. Consequently, the application was successful, and an order was issued accordingly.

In summary, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The determination was based on the evidence provided by the AMWU, including the statutory declaration, and the lack of objection from RACV. An order was issued, allowing the AMWU to proceed with the ballot for protected industrial action among RACV employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established