"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Operations and Maintenance Pty Ltd Summary

[2023] FWC 292

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

UGL Operations and Maintenance Pty Ltd

(B2023/66)

VICE PRESIDENT CATANZARITI

SYDNEY, 3 FEBRUARY 2023

Proposed protected action ballot of employees of UGL Operations and Maintenance Pty Ltd

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 UGL Operations and Maintenance Pty Ltd (Respondent).

On 1 February 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 Simon Rushworth of the Applicant declared on 30 January 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 PR750193.

VICE 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 under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of UGL Operations and Maintenance Pty Ltd. The application was made due to difficulties in reaching an agreement with the respondent regarding certain terms and conditions of employment. UGL Operations and Maintenance Pty Ltd did not oppose the application, leading to the matter being determined on the papers without the need for a hearing.

The central legal issue the Commission needed to address was whether the AMWU had met the statutory requirements for a protected action ballot under section 437 of the Fair Work Act. Specifically, the Commission had to consider if the union had genuinely tried to reach an agreement with the employer, if a notification period had elapsed, and if all procedural requirements under section 443(1) of the Act had been satisfied. The union's declaration, which outlined the bargaining process and efforts made to reach an agreement, was a key piece of evidence in this regard.

Upon reviewing the materials submitted, including the statutory declaration from Simon Rushworth of the AMWU, the Vice President was satisfied that the union had genuinely attempted to reach an agreement and that all necessary notification periods had passed. Consequently, the Commission determined that the AMWU had met the statutory requirements for a protected action ballot. This decision was based on the evidence provided and the absence of opposition from UGL Operations and Maintenance Pty Ltd.

The Fair Work Commission issued an order permitting the AMWU to proceed with the protected action ballot, as per the provisions of section 437 of the Fair Work Act. The order ensures that the union can undertake the ballot without further hindrance, provided all necessary steps and requirements are adhered to throughout the process.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established