"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Stramit Corporation Pty Ltd T/A Stramit Building Products

[2023] FWC 480

The attached document replaces the document previously issued with the above code on 27 February 2023.

The Respondent’s name at paragraph [1] has been amended to “Stramit Corporation Pty Ltd T/A Stramit Building Products”.

The factual background in paragraph [3] has been corrected.

Associate to Deputy President Clancy

27 February 2023

[2023] FWC 480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Stramit Corporation Pty Ltd T/A Stramit Building Products

(B2023/170)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 27 FEBRUARY 2023

Proposed protected action ballot of employees of Stramit Corporation Pty Ltd T/A Stramit Building Products.

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 (Act) for a protected action ballot order in relation to certain employees of Stramit Corporation Pty Ltd T/A Stramit Building Products (Respondent).

On 24 February 2023, my Associate was advised that the Respondent objected to the application on the basis that the Applicant has not been genuinely trying to reach agreement. The Respondent asserted that an in-principle agreement had been reached by the parties at a bargaining meeting on 20 February 2023. In response, the Applicant denied that an in-principle agreement had been reached.

After reviewing the Application form, the Statutory Declaration and the correspondence from the parties, I caused correspondence to be sent to the parties outlining my observations, namely that in circumstances where the Statutory Declaration of Mr Jhaelen Davey outlines that there have been 8 meetings between the parties since 13 November 2022 and that the most recent was on 20 February 2023, I cannot see why the Applicant’s application should be rejected on the basis that the Applicant has not been genuinely trying to reach agreement. I also noted it is open to the parties to continue to meet, negotiate and exchange bargaining positions and that neither party had suggested that it did not intend to do so.

The Respondent did not request to be heard in addition to the correspondence it had sent to my Chambers outlining its position. 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 declaration of Jhaelen Davey of the Applicant 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 PR751209.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Stramit Corporation Pty Ltd T/A Stramit Building Products. The application was made under section 437 of the Fair Work Act 2009. The Respondent objected to the application, asserting that an in-principle agreement had been reached by the parties at a bargaining meeting on 20 February 2023. The Applicant denied that an in-principle agreement had been reached. The matter was determined on the papers without holding a hearing.

The legal issues the court had to decide were whether the AMWU had genuinely tried to reach an agreement with Stramit Corporation and whether the requirements in section 443(1) of the Act had been met. The AMWU submitted a Statutory Declaration outlining the steps taken in bargaining with Stramit Corporation, stating that it had been genuinely trying to reach an agreement. The Respondent did not request to be heard and did not provide any additional information to counter the AMWU's submissions.

The court noted that the Statutory Declaration outlined that there had been eight meetings between the parties since 13 November 2022, with the most recent being on 20 February 2023. The court found that it was open to the parties to continue to meet, negotiate and exchange bargaining positions and that neither party had suggested that it did not intend to do so. The court was satisfied that there was a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act had been met. An order was separately issued in PR751209.

The court granted the AMWU's application for a protected action ballot order. The decision was made on the basis of the material before the court, including the declaration of Jhaelen Davey of the AMWU, setting out the steps taken by the AMWU in bargaining with Stramit Corporation and that it had been, and was, genuinely trying to reach agreement with Stramit Corporation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established