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

[2022] FWC 1662

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

ZG Operations Australia Pty Ltd

(B2022/611)

VICE PRESIDENT CATANZARITI

SYDNEY, 28 JUNE 2022

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

On 28 June 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 Linda Everingham of the Applicant declared on 24 June 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 PR743138.

VICE 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 an order permitting a ballot of its members employed by ZG Operations Australia Pty Ltd for protected industrial action. The matter was heard and determined by Vice President Catanzariti in the Fair Work Commission. The Respondent did not oppose the application.

The legal issue before the Court was whether the AMWU had satisfied the requirements of the Fair Work Act 2009 to hold a ballot of its members for protected industrial action. In particular, the Court had to consider whether the AMWU had genuinely attempted to negotiate in good faith with the Respondent before making the application for a ballot.

The Court considered the statutory declaration of Linda Everingham, an official of the AMWU, which outlined the steps taken by the AMWU in bargaining with the Respondent and that it had been, and was, genuinely trying to reach agreement with the Respondent. The Court was satisfied that the AMWU had met the requirements of the Fair Work Act 2009, including the notification time in relation to the proposed agreement. Accordingly, the Court made an order permitting the AMWU to hold a ballot of its members for protected industrial action. The Court also noted that a separate order had been issued in PR743138.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established