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

[2023] FWC 1146

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

Stramit Corporation Pty Limited

(B2023/445)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 MAY 2023

Proposed protected action ballot of employees of Stramit Corporation 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 Stramit Corporation Pty Limited (Respondent).

On 15 May 2023, 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 12 May 2023, 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 PR761919.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has dealt with an application brought by the Australian Manufacturing Workers’ Union (AMWU) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Stramit Corporation Pty Limited. The application was made on 15 May 2023, with the respondent, Stramit Corporation, indicating that it did not oppose the application. The Vice President, Catanzariti, decided to determine the matter on the papers without holding a hearing.

The primary legal issue before the court was whether the AMWU had met the necessary criteria under section 437 of the Fair Work Act to hold a protected action ballot. This involved confirming that the union had genuinely attempted to reach an agreement with the employer and that the notification period for the proposed agreement had been fulfilled. The court had to assess the material provided, including the statutory declaration from Helen Sourlas of the AMWU, which outlined the union's bargaining efforts and its attempt to reach an agreement with Stramit Corporation.

Upon reviewing the material presented, Vice President Catanzariti was satisfied that the union had genuinely been trying to reach an agreement and that the notification period had been observed. Therefore, the court granted the application and issued an order allowing the AMWU to proceed with the protected action ballot as per the statutory requirements. This decision was made on 16 May 2023, and a separate order was issued in PR761919.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established