| [2022] FWC 929 |
| 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
Wormald Australia Pty Ltd
(B2022/343)
| VICE PRESIDENT CATANZARITI | SYDNEY, 22 APRIL 2022 |
Proposed protected action ballot of employees of Wormald 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 Wormald Australia Pty Ltd (Respondent).
On 21 April 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 Kegan Wilson Scherf of the Applicant declared on 20 April 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 PR740585.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR740586>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Wormald Australia Pty Ltd [2022] FWC 929
- Case
- [2022] FWC 929
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Vice President was whether the AMWU had met the criteria outlined in section 437 of the Fair Work Act 2009, specifically regarding the notification time and the requirement that the union had genuinely attempted to negotiate with the employer. The union needed to demonstrate that it had followed the necessary steps in the bargaining process and had been genuinely trying to reach an agreement with Wormald Australia Pty Ltd. The Vice President reviewed the statutory declaration provided by Kegan Wilson Scherf of the AMWU, which detailed the union's efforts in bargaining and its attempts to reach an agreement with the employer.
In determining the matter, the Vice President was satisfied that the AMWU had fulfilled the requirements of section 437 of the Fair Work Act 2009. The statutory declaration provided sufficient evidence that the union had engaged in genuine bargaining efforts and had met the notification time for the proposed agreement. Consequently, the Vice President granted the AMWU's application for a protected action ballot order. This decision allowed the union to proceed with the ballot to enable the employees to take protected industrial action if deemed necessary.
The Fair Work Commission issued an order permitting the AMWU to conduct a ballot for protected industrial action among the employees of Wormald Australia Pty Ltd. This order was separate from another proceeding referenced as PR740585, and it authorised the union to proceed with the ballot process in accordance with the provisions of the Fair Work Act 2009.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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