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

[2023] FWC 1250

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

Virgin Tech Pty Ltd T/A Virgin Tech

(B2023/496)

VICE PRESIDENT CATANZARITI

MELBOURNE, 29 MAY 2023

Proposed protected action ballot of employees of Virgin Tech Pty Ltd T/A Virgin Tech

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 Virgin Tech Pty Ltd T/A Virgin Tech (Respondent).

On 28 May 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 Glenn Thompson of the Applicant declared on 26 May 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 PR762574.

VICE 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 with the Fair Work Commission, seeking permission to hold a protected action ballot for certain employees of Virgin Tech Pty Ltd T/A Virgin Tech. The AMWU, the Applicant, aimed to organise a ballot to facilitate a potential protected action by the employees, while Virgin Tech Pty Ltd T/A Virgin Tech, the Respondent, did not oppose the application. The matter was determined on the basis of the written submissions and evidence, without the need for a hearing.

The legal issues before the Fair Work Commission included whether the AMWU had satisfied the requirements of section 443(1) of the Act, which pertain to the notification time for the proposed agreement, and if the union had genuinely been attempting to reach an agreement with the Respondent. Additionally, the Commission needed to assess whether the conditions for holding a protected action ballot were met in accordance with the Fair Work Act 2009.

In deciding the matter, the Vice President of the Fair Work Commission, Catanzariti, considered the statutory declaration of Glenn Thompson of the AMWU, who affirmed that the union had been genuinely trying to reach an agreement with Virgin Tech Pty Ltd T/A Virgin Tech and had taken the necessary steps in bargaining. Based on the material before the Commission, including the declaration, it was determined that the notification time for the proposed agreement had been met and the requirements of section 443(1) of the Act were fulfilled. Consequently, the application for a protected action ballot order was approved.

As a result of the decision, an Order was issued in PR762574, permitting the AMWU to proceed with the protected action ballot for the employees of Virgin Tech Pty Ltd T/A Virgin Tech. This decision allows the union to continue its efforts in representing the interests of its members and negotiating with the employer.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established