“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v UGL Resources (Contracting) Pty Ltd

[2022] FWC 2952

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 Resources (Contracting) Pty Ltd

(B2022/1667)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 NOVEMBER 2022

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 Resources (Contracting) Pty Ltd (Respondent).

On 7 November 2022, 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 Glenn McLaren of the Applicant declared on 3 November 2022, 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 PR747688.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU), represented by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, filed an application with the Fair Work Commission under section 437 of the Fair Work Act 2009 to seek an order for a protected action ballot among certain employees of UGL Resources (Contracting) Pty Ltd. The application was lodged in response to an impasse in bargaining between the union and the employer regarding the proposed agreement. The employer did not oppose the application, and as such, the matter was determined on the papers submitted, without the need for a formal hearing.

The central legal issue before the Fair Work Commission was whether the AMWU had met the statutory requirements to conduct a protected action ballot as stipulated under section 443(1) of the Fair Work Act 2009. This involved verifying that the union had genuinely attempted to reach an agreement with the employer and that the notification period for the proposed agreement had been fulfilled. The commission's decision hinged on the evidence presented, including the statutory declaration by Glenn McLaren of the AMWU, which outlined the union's efforts in bargaining with UGL Resources and its ongoing attempts to reach a consensus.

In reaching its decision, the Fair Work Commission examined the materials submitted, focusing on the statutory declaration by Glenn McLaren. The commission concluded that the AMWU had indeed been genuinely trying to reach an agreement with the employer and that the notification period for the proposed agreement had been adhered to. Consequently, the commission was satisfied that the union had met the necessary requirements under section 443(1) of the Act, thereby permitting the protected action ballot to proceed.

The Fair Work Commission issued an order in PR747688, granting the AMWU's application for a protected action ballot. This decision allows the union to proceed with the ballot among the specified employees of UGL Resources (Contracting) Pty Ltd, subject to the terms and conditions outlined in the Act. The order reflects the commission's determination that the AMWU has fulfilled the statutory prerequisites for initiating the ballot process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established