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

[2023] FWC 350

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

Ventia (Australia) Pty Ltd

(B2023/92)

VICE PRESIDENT CATANZARITI

MELBOURNE, 13 FEBRUARY 2023

Proposed protected action ballot of employees of Ventia (Australia) 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 Ventia (Australia) Pty Ltd (Respondent).

On 9 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 Gavin Bubb of the Applicant declared on 9 February 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 PR750437.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot order from the Fair Work Commission in relation to certain employees of Ventia (Australia) Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, seeking to hold a ballot for protected industrial action. The Commission was notified that Ventia did not oppose the application, leading to the matter being decided on the papers without a hearing. The AMWU submitted that it had been genuinely attempting to reach an agreement with Ventia, as evidenced by the statutory declaration from Gavin Bubb, which detailed the union's bargaining efforts.

The legal issues before the Commission included whether the union had genuinely attempted to reach an agreement with the employer and if the statutory notification requirements were met. The Commission considered the union's declaration and the absence of opposition from Ventia. It found that the union had acted in good faith and followed the necessary procedures as required by section 443(1) of the Fair Work Act. The Vice President concluded that the conditions for the ballot were satisfied.

Given the findings, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission determined that the union had fulfilled its obligations under the Act and that the necessary notification period had been met. Consequently, an order was issued, allowing the AMWU to proceed with the ballot for protected industrial action. This decision ensures that the union can undertake the proposed action within the framework provided by the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established