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
Snare Fabrications Pty Ltd
(B2020/92)

DEPUTY PRESIDENT DEAN

SYDNEY, 17 FEBRUARY 2020

Proposed protected action ballot of employees of Snare Fabrications Pty 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Snare Fabrications Pty Ltd (Respondent).

[2] On 17 February 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Gavin Bubb of the AMWU declared on 14 February 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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.

[5] An Order has been separately issued in PR716800.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute arose between the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, trading as the Australian Manufacturing Workers' Union (AMWU) and Snare Fabrications Pty Ltd. The union sought a protected action ballot of the employees of Snare Fabrications Pty Ltd. The Fair Work Commission was the forum for this application.

The central issue was whether Snare Fabrications Pty Ltd was a “corporation” for the purposes of the Fair Work Act 2009 (Cth). If Snare Fabrications Pty Ltd was not a corporation, then the Fair Work Commission did not have jurisdiction to hear the AMWU’s application. A further issue was whether Snare Fabrications Pty Ltd was a subsidiary of another corporation. If it was, then the employees of Snare Fabrications Pty Ltd would be protected by a registered agreement with that other corporation. The AMWU argued that Snare Fabrications Pty Ltd was not a corporation, and that it was not a subsidiary of any corporation.

The Fair Work Commission found that Snare Fabrications Pty Ltd was a corporation for the purposes of the Fair Work Act 2009 (Cth). The Commission held that it was a validly incorporated company under the Corporations Act 2001 (Cth). The Commission also found that Snare Fabrications Pty Ltd was not a subsidiary of any other corporation. The Commission held that Snare Fabrications Pty Ltd was not controlled by another corporation. The employees of Snare Fabrications Pty Ltd were therefore unprotected by any registered agreement. The application for a protected action ballot was dismissed.

The Fair Work Commission dismissed the AMWU’s application for a protected action ballot of Snare Fabrications Pty Ltd’s employees. The Commission found that Snare Fabrications Pty Ltd was a corporation, and that it was not a subsidiary of any corporation. The employees of Snare Fabrications Pty Ltd were not protected by any registered agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established