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

[2022] FWC 2355

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

Schindler Lifts Australia Pty Ltd

(B2022/1318)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 SEPTEMBER 2022

Proposed protected action ballot of employees of Schindler Lifts 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 Schindler Lifts Australia Pty Ltd (Respondent).

On 2 September 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 Stephen Isberg of the Applicant declared on 2 September 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 PR745493.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU), also known as the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, lodged an application with the Fair Work Commission under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of Schindler Lifts Australia Pty Ltd. The dispute centred around the terms of an agreement between the union and the company, with the union alleging that the company had not opposed the application. The matter was heard by Vice President Catanzariti, who decided to determine the case on the papers submitted, without the need for a hearing.

The legal issues before the court involved whether the union had genuinely attempted to negotiate in good faith with the company, as required by section 443(1) of the Fair Work Act 2009. Additionally, the court had to consider whether a notification period for the proposed agreement was in place, as mandated by the Act. The union provided a statutory declaration from Stephen Isberg, outlining the steps taken in the negotiation process and affirming their commitment to reaching an agreement with the company.

The Vice President found that the union had indeed made genuine efforts to negotiate with the company and that the notification period for the proposed agreement was in place. Consequently, the court ruled that the requirements for a protected action ballot order had been satisfied. The decision was made without a hearing, as the company did not oppose the application.

The Fair Work Commission issued an order in PR745493, granting the union's application for a protected action ballot order. The decision was rendered on 5 September 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established