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

[2022] FWC 2797

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

(B2022/1567)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 18 OCTOBER 2022

Proposed protected action ballot of employees of Thales Australia Limited - Thales Australia Bendigo Enterprise Agreement 2019

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 Thales Australia Limited (Respondent).

On18 October 2022, my Associate was advised that the Respondent did not object to 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 declaration of Mr Andrew Bonello 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 PR746957.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), and Thales Australia Limited. The AMWU sought an order for a protected action ballot in relation to certain employees of Thales Australia Limited, under section 437 of the Fair Work Act 2009. The application was made due to a proposed change to the Thales Australia Bendigo Enterprise Agreement 2019. Thales Australia Limited did not object to the application, leading the Deputy President to determine the matter on the papers without holding a hearing.

The legal issues in this case primarily revolved around whether the AMWU had met the requirements under the Fair Work Act 2009 to conduct a protected action ballot. The AMWU needed to demonstrate that it had genuinely tried to reach an agreement with Thales Australia Limited and that there was a notification time in relation to the proposed agreement. Additionally, the court had to assess whether the provisions of section 443(1) of the Act had been fulfilled.

The Deputy President examined the declaration provided by Mr. Andrew Bonello of the AMWU, which detailed the steps taken by the union in bargaining with Thales Australia Limited. The declaration indicated that the AMWU had been genuinely attempting to reach an agreement. Given that Thales Australia Limited did not object to the application and the evidence presented by the AMWU, the Deputy President was satisfied that the requirements for a protected action ballot had been met. Consequently, the court issued an order for the ballot as requested by the AMWU.

The final orders of the court were to allow the AMWU to proceed with the protected action ballot in relation to the proposed changes to the Thales Australia Bendigo Enterprise Agreement 2019. This decision was based on the evidence provided and the absence of objections from Thales Australia Limited. The Deputy President concluded that the AMWU had fulfilled its obligations under the Fair Work Act 2009 to conduct the ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established