“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Ventura Motors Pty Ltd T/A Ventura Bus

[2023] FWC 788

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

Ventura Motors Pty Ltd T/A Ventura Bus

(B2023/301)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 31 MARCH 2023

Proposed protected action ballot of employees of Ventura Motors Pty Ltd Trading As Ventura Bus

This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Ventura Motors Pty Ltd T/A Ventura Bus (Respondent).

On 31 March 2023, my Associate was advised that the Respondent did not object to 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 declaration of Mr Andrew Bonello of the Applicant 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 PR760787.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) filed an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of Ventura Motors Pty Ltd, trading as Ventura Bus. The application was made to the Fair Work Commission, with Deputy President Clancy presiding over the case in Melbourne on 31 March 2023. Ventura Motors Pty Ltd did not object to the application, prompting Deputy President Clancy to determine the matter based on the available documentation without the need for a hearing. The AMWU had submitted a declaration from Mr Andrew Bonello, outlining the steps taken during negotiations with the employer and confirming that the union had genuinely attempted to reach an agreement.

The primary legal issues before the court were whether a notification time existed in relation to the proposed agreement and whether the requirements of section 443(1) of the Fair Work Act were fulfilled. These requirements are essential for the protection of employees' rights and the facilitation of fair work practices. By examining the declaration and other materials, the court assessed whether the union had taken appropriate steps in good faith to reach an agreement with the employer and if the statutory criteria for a ballot were met.

After reviewing the evidence, Deputy President Clancy was satisfied that a notification time existed in relation to the proposed agreement and that the necessary requirements under section 443(1) of the Fair Work Act had been met. Consequently, the court granted the AMWU's application for a protected action ballot order, allowing the union to proceed with the ballot process. This decision underscores the importance of fair work practices and the role of the Fair Work Commission in resolving disputes between employers and employees.

The Fair Work Commission issued a separate order in PR760787, formalising the decision reached in this case. This order provides the AMWU with the authority to conduct the proposed action ballot, enabling the union to represent its members' interests in negotiations with Ventura Motors Pty Ltd. The court's decision ensures that the employees' rights are protected and that the processes outlined in the Fair Work Act are followed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established