“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Steggles Foods Mt Kuring-Gai Pty Limited

[2022] FWC 2551

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

Steggles Foods Mt Kuring-Gai Pty Limited

(B2022/1421)

VICE PRESIDENT CATANZARITI

SYDNEY, 21 SEPTEMBER 2022

Proposed protected action ballot of employees of Steggles Foods Mt Kuring-Gai Pty 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 Steggles Foods Mt Kuring-Gai Pty Limited (Respondent).

On 20 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 Helen Sourlas of the Applicant declared on 19 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 PR746126.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission presided over a case between the Australian Manufacturing Workers' Union (AMWU) and Steggles Foods Mt Kuring-Gai Pty Limited. The AMWU applied for a protected action ballot order in relation to certain employees of Steggles Foods, as permitted under section 437 of the Fair Work Act 2009. Steggles Foods did not oppose the application, allowing the Commission to decide the matter without a hearing. The application was based on the AMWU's assertion that it had been genuinely attempting to reach an agreement with Steggles Foods during bargaining.

The legal issues before the Commission were whether the AMWU had complied with the notification requirements under section 443(1) of the Fair Work Act and whether there was a notification time in relation to the proposed agreement. The Commission considered the statutory declaration of Helen Sourlas of the AMWU, which outlined the union's efforts to reach an agreement with Steggles Foods. The declaration confirmed that the union had followed the necessary procedures and had been genuinely trying to reach an agreement with the respondent.

The Fair Work Commission was satisfied that the AMWU had fulfilled the notification requirements and that there was a notification time in relation to the proposed agreement. Consequently, the Commission granted the AMWU's application for a protected action ballot order. The decision was based on the evidence provided, which demonstrated the union's efforts to reach an agreement with Steggles Foods.

The final orders of the Fair Work Commission allowed the AMWU to proceed with the protected action ballot in relation to the employees of Steggles Foods Mt Kuring-Gai Pty Limited. This decision was made without the need for a hearing, as Steggles Foods did not oppose the application. The Commission's ruling was based on the evidence provided by the AMWU, which showed that the union had complied with the notification requirements and had been genuinely attempting to reach an agreement with the respondent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established