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

[2022] FWC 2792

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

(B2022/1568)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 18 OCTOBER 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 (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 PR746945.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application made by the Australian Manufacturing Workers' Union (AMWU) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of Thales Australia Limited. The AMWU argued that it had been genuinely attempting to negotiate with Thales Australia Limited and had fulfilled the necessary conditions for a protected action ballot. Thales Australia Limited did not object to the application, leading the Deputy President to decide the matter on the papers without a hearing.

The primary legal issue before the FWC was whether the AMWU had satisfied the requirements under section 437 of the Fair Work Act to conduct a protected action ballot. This involved verifying if there was a notification time for the proposed agreement and ensuring the AMWU had genuinely attempted to reach an agreement with Thales Australia Limited. The FWC had to assess the evidence presented by the AMWU, including the declaration of Mr Andrew Bonello, which detailed the union's bargaining efforts and attempts to reach an agreement with the employer.

The Deputy President found that the AMWU had provided sufficient evidence to demonstrate its genuine efforts to negotiate with Thales Australia Limited. The declaration of Mr Andrew Bonello outlined the steps taken by the AMWU in its bargaining process and confirmed that the union had been genuinely trying to reach an agreement. Additionally, the Deputy President determined that there was a notification time for the proposed agreement, and the AMWU had met the requirements under section 443(1) of the Act. Consequently, the FWC granted the AMWU's application for a protected action ballot order.

The FWC issued an order allowing the AMWU to conduct a protected action ballot among the employees of Thales Australia Limited. This decision recognised the union's efforts to negotiate in good faith and affirmed that the necessary conditions for a protected action ballot had been met. The order was issued separately under the reference number PR746945.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established