| [2023] FWC 920 |
| 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 (Services) Pty Ltd
(B2023/345)
| VICE PRESIDENT CATANZARITI | SYDNEY, 19 APRIL 2023 |
Proposed protected action ballot of employees of UGL Operations and Maintenance (Services) 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 (Services) Pty Ltd (Respondent).
On 17 April 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 Philip Andrew Golby of the Applicant declared on 11 April 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 PR761199.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR761200>
- AGLC
- "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Operations and Maintenance (Services) Pty Ltd [2023] FWC 920
- Case
- [2023] FWC 920
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to resolve included whether the AMWU had genuinely attempted to reach an agreement with UGL Operations and Maintenance and if the notification period required by the Act had been fulfilled. The court needed to ensure that the union's application was legitimate and that the process adhered to the statutory requirements outlined in the Fair Work Act. Additionally, the court had to verify that the AMWU had followed the necessary steps in bargaining with UGL Operations and Maintenance and that the proposed agreement had a specified notification time.
In considering the matter, the Vice President Catanzariti examined the statutory declaration provided by the AMWU, which outlined the union's efforts to negotiate with UGL Operations and Maintenance. The declaration detailed the steps taken by the union in attempting to reach an agreement with the respondent and confirmed that the union had been genuinely trying to resolve the dispute. Based on the information provided, the Vice President was satisfied that the AMWU had met the requirements of the Fair Work Act, including the notification time for the proposed agreement. Consequently, the court authorised the AMWU to conduct the protected action ballot among its members employed by UGL Operations and Maintenance.
The Fair Work Commission issued an order authorising the AMWU to conduct the protected action ballot among its members employed by UGL Operations and Maintenance. This decision allows the union to proceed with the ballot to determine if its members support the proposed industrial action. The order was issued separately as PR761199, and the application was determined without the need for a hearing due to the respondent's lack of opposition.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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