Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
Cited 1×
Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU)
Respondent: Britax Childcare Pty Ltd
Ratio
The FWC must make a protected action ballot order under s.443(1) of the Fair Work Act 2009 where an application is made under s.437 and the applicant has been genuinely trying to reach an agreement with the employer. The AMWU satisfied these requirements via statutory declaration, and the order was accordingly made.
Outcome
For applicant
granted
Authority signal
Cited 1×
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 4
- AMWU applied for a protected action ballot order under s.437 of the Fair Work Act 2009
- The application related to employees of Britax Childcare Pty Ltd
- The respondent did not oppose the making of the order
- AMWU demonstrated compliance with s.443(1) requirements via statutory declaration by Barry Terzic, an Official of the AMWU
Factors
For
- AMWU demonstrated genuine attempt to reach an agreement with the employer
- Respondent did not oppose the order
- Statutory declaration by AMWU official satisfied s.443(1)(b) requirement
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.437
- Fair Work Act 2009 (Cth) s.443(1)
Concept tags · 3
Principles · 1
articulates para 3
The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if an application has been made under s.437 and the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees to be balloted.
Archived text (300 words)
Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) [2015] FWC 195 (9 January 2015)
[2015] FWC 195
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
Britax Childcare Pty Ltd
(B2015/153)
COMMISSIONER RYAN
MELBOURNE, 9 JANUARY 2015
Proposed protected action ballot of employees of Britax Childcare Pty Ltd.
[1]
This is an application pursuant to
s.437
of the
Fair Work Act 2009
(the
Act) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing
Workers’ Union (AMWU) for a protected action ballot order in relation to employees of Britax Childcare Pty Ltd (the Respondent).
[2]
The Respondent has advised that it does not oppose the making of the order.
[3]
Section 443(1)
of the Act states:
443 When the FWC must make a protected action ballot order
(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:
(a) an application has been made under
section 437
; and
(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees
who are to be balloted.
[4]
The AMWU has demonstrated that it has met the requirements of
s.443(1)
of the Act in a Statutory Declaration signed by Barry Terzic, an Official of the AMWU.
[5]
I am satisfied that the requirements of
s.443(1)
of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by
the AMWU.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR559861>