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

[2023] FWC 584

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 Rail (North Queensland) Pty Ltd

(B2023/206)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 MARCH 2023

Proposed protected action ballot of employees of UGL Rail (North Queensland) 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 Rail (North Queensland) Pty Ltd (Respondent).

On 8 March 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 Nicole Jane Frisken of the Applicant declared on 3 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 PR760189.

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 for a protected action ballot order concerning employees of UGL Rail (North Queensland) Pty Ltd. This application was made under section 437 of the Fair Work Act 2009. The AMWU sought the order following a period of negotiation with UGL Rail, aiming to reach an agreement on certain employment terms. UGL Rail did not oppose the application, leading the Vice President to determine the matter based on the submitted documents without a hearing.

The legal issues before the court involved verifying whether the AMWU had genuinely attempted to reach an agreement with UGL Rail and whether the statutory notification time for the proposed agreement had been met. These issues are crucial for determining the validity of the AMWU's application and ensuring that the procedural requirements of the Fair Work Act 2009 were adhered to. The court had to assess the AMWU's efforts in bargaining and confirm that all necessary steps had been taken in accordance with the Act.

The Vice President reviewed the statutory declaration provided by Nicole Jane Frisken of the AMWU, which detailed the union's negotiation efforts and commitment to reaching an agreement with UGL Rail. Based on this declaration and other submitted materials, the Vice President concluded that the AMWU had genuinely tried to reach an agreement and that the statutory notification time for the proposed agreement had indeed been met. Consequently, the Vice President granted the AMWU's application, allowing the union to proceed with the protected action ballot.

The Fair Work Commission issued an order permitting the AMWU to conduct a ballot for protected action among the employees of UGL Rail. This decision ensures that the AMWU can proceed with their proposed industrial action, subject to the protections and requirements outlined in the Fair Work Act 2009. The order reflects the Commission's determination that the AMWU had met the necessary legal criteria for the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established