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

[2022] FWC 1029

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

Stanwell Corporation Limited

(B2022/351)

VICE PRESIDENT CATANZARITI

SYDNEY, 4 MAY 2022

Proposed protected action ballot of employees of Stanwell Corporation 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Stanwell Corporation Limited (Respondent).

On 3 May 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 Scott Anton Robert Stanford of the Applicant declared on 22 April 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 PR741229.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Australian Manufacturing Workers' Union (AMWU) to conduct a protected action ballot among employees of Stanwell Corporation Limited. The AMWU sought an order for a ballot to be held under section 437 of the Fair Work Act 2009, concerning employees of Stanwell Corporation Limited. The Commission noted that Stanwell Corporation Limited did not oppose the application. As such, the Vice President decided to determine the matter based on the submitted documentation without requiring a hearing.

The legal issue before the Commission was whether the AMWU had met the prerequisites for holding a protected action ballot. This included establishing that the union had been genuinely attempting to negotiate with Stanwell Corporation Limited and that the statutory notification period had elapsed. The AMWU provided a statutory declaration from Scott Anton Robert Stanford, affirming that the union had engaged in bargaining with the employer and was continuing to do so sincerely.

The Vice President concluded that the AMWU had demonstrated it had genuinely attempted to reach an agreement with Stanwell Corporation Limited and that the statutory notification period for the proposed agreement had passed. The Vice President was satisfied that the requirements set forth in section 443(1) of the Act were fulfilled. Consequently, an Order was issued permitting the AMWU to proceed with the ballot as requested.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established