| [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
<PR743139>
- AGLC
- “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
- Case
- [2022] FWC 1662
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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