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

[2022] FWC 3146

The attached document replaces the document previously issued.

The MNC number “[2022] FWC 3146” and print number “PR748360” have been inserted.

Associate to Deputy President Clancy

28 November 2022

[2022] FWC 3146

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)

Wire Industries Pty Limited

(B2022/1767)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 28 NOVEMBER 2022

Proposed protected action ballot of employees of Wire Industries Pty Limited.

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 (Act) for a protected action ballot order in relation to certain employees of Wire Industries Pty Limited (Respondent).

On 28 November 2022, 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 PR748361.

DEPUTY 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 certain employees of Wire Industries Pty Limited. This application was made under section 437 of the Fair Work Act 2009. The dispute centres on the AMWU's proposed protected action, which includes a strike or other form of industrial action, as a result of failed negotiations between the union and the company regarding a new enterprise agreement.

The central legal issue for the Commission to decide was whether the AMWU had satisfied the requirements of the Fair Work Act to hold a protected action ballot. Specifically, the Commission needed to determine if the union had genuinely been attempting to reach an agreement with the employer, if there was a notification time in relation to the proposed agreement, and if the union had met the requirements outlined in section 443(1) of the Act. The AMWU's declaration, which detailed the steps taken during the bargaining process, was a key piece of evidence considered in this regard.

In making its decision, the Commission reviewed the declaration of Mr. Andrew Bonello of the AMWU and found that the union had indeed been genuinely trying to reach an agreement with Wire Industries. The Commission was also satisfied that there was a notification time in relation to the proposed agreement, and that the union had complied with the necessary requirements under section 443(1) of the Act. As the employer did not object to the application, the Commission proceeded to determine the matter on the papers without the need for a hearing. An order was issued in PR748361, permitting the AMWU to proceed with its proposed protected action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established