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

[2022] FWC 2373

[2022] FWC 2373

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

Santos Ltd

(B2022/1335)

DEPUTY PRESIDENT CLANCY MELBOURNE, 6 SEPTEMBER 2022

Proposed protected action ballot of employees of Santos Ltd.

1. 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 Santos Ltd (the Respondent).

1. The Respondent initially raised concerns in relation to the form and content of the order and sought an extension of the notice period required for the taking of industrial action (subject to the Commission being satisfied it is appropriate to extend the notice period). I determined a Mention should be conducted, during which I discussed the above matters with the parties and others subsequently raised.

1. The parties reached a consent position on the form the order should take. Specifically, they outlined the circumstances to be classified as a “Safety and Emergency Event” and their agreement in relation to a regime to be applied to the taking of industrial action if such circumstances arose. Additionally, the Applicant consented to an extension of the notice period required for the taking of industrial action from 3 working days to 5 working days.

1. With the parties having adopted a consent position, I have proceeded to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declarations of Mr Stuart Gordon 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.

1. I am also satisfied based on the position of the parties and the material before me that the period of written notice referred to in s.414(2)(a) of the Act should be longer than 3 working days and that I should exercise the discretionary power in s.443(5) of the Act and specify a period of at least 5 working days.

1. I have had regard to the proposed form of order submitted by the parties but consider some of the content they have proposed for inclusion, in the form of various explanatory “NOTES”, is more appropriately dealt with by way of undertakings or an exchange of letters. I have therefore not included that particular content in the order I have made.

1. An order has been separately issued in PR745557.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR745556>