| [2022] FWC 3037 |
| 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
Thales Australia Limited
(B2022/1691)
| VICE PRESIDENT CATANZARITI | SYDNEY, 15 NOVEMBER 2022 |
Proposed protected action ballot of employees of Thales Australia 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 Thales Australia Limited (Respondent).
On 15 November 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 Robyn Fortescue of the Applicant declared on 9 November 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 PR747957.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR747958>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Thales Australia Limited [2022] FWC 3037
- Case
- [2022] FWC 3037
- Decision Date
CaseChat Overview and Summary
The FWC examined the statutory declaration provided by Robyn Fortescue of the AMWU, which detailed the union's efforts to negotiate with Thales Australia Limited. The declaration outlined the steps taken in the bargaining process and affirmed the union's genuine attempts to reach an agreement with the employer. The FWC found that the statutory declaration and other documentation sufficiently demonstrated that the union had been actively engaged in bargaining and that a notification period was indeed in place. Consequently, the FWC concluded that the requirements for a protected action ballot were satisfied. This decision allowed the AMWU to proceed with the ballot, as authorised by section 437 of the Fair Work Act.
In summary, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The FWC determined that the union had fulfilled the necessary criteria, including the notification period, and was genuinely engaged in bargaining with Thales Australia Limited. The decision was made on the basis of the documentation provided, without the need for a hearing, due to the absence of opposition from Thales Australia Limited. The order enables the AMWU to conduct a ballot for proposed protected action among its members, facilitating further negotiation efforts to reach a resolution with the employer.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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