| [2023] FWC 845 |
| 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
(B2023/312)
| VICE PRESIDENT CATANZARITI | SYDNEY, 6 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 5 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 29 March 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 PR760952.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR760953>
- 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 845
- Case
- [2023] FWC 845
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the AMWU had met the necessary conditions to proceed with a protected action ballot as stipulated in section 443(1) of the Fair Work Act. This required evidence that the union had genuinely attempted to reach an agreement with UGL and that the statutory notification period for the proposed agreement had elapsed. The AMWU provided a statutory declaration from Philip Andrew Golby, affirming that the union had been genuinely negotiating with UGL and that the notification period for the proposed agreement had been observed. UGL's lack of opposition to the application also influenced the decision.
The FWC was satisfied that the AMWU had genuinely attempted to reach an agreement with UGL and that the statutory notification period had been adhered to, based on the evidence presented. Consequently, the Vice President determined that the AMWU had met the requirements for a protected action ballot. The FWC issued an Order permitting the AMWU to proceed with the ballot, allowing employees to vote on whether to authorize protected action.
In summary, the FWC granted the AMWU's application for a protected action ballot order, finding that the union had genuinely negotiated with UGL and met the statutory notification period requirement. UGL's lack of opposition to the application further supported the decision. This decision enabled the AMWU to proceed with a ballot to authorize potential industrial action, subject to the outcome of the ballot.
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
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Ratio Decidendi
Legal Principle Established
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