Australian Workers' Union, The v Austube Mills Pty Ltd T/A Austube Mills

[2023] FWC 2395

[2023] FWC 2395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union, The
v

Austube Mills Pty Ltd T/A Austube Mills

(B2023/990)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 18 SEPTEMBER 2023

Proposed protected action ballot of employees of Austube Mills Pty Ltd trading as Austube Mills

1. This is an application by the Australian Workers' Union (AWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Austube Mills Pty Ltd T/A Austube Mills (Austube Mills or Employer). 

2. I observe that there are related applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) [1] and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).[2] Both applications relate to the same proposed enterprise agreement.

3. On 18 September 2023, the Commission was advised that Austube Mills did not, in effect, object to the Application.

4. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

5. On the basis of the material before me, including the declaration of Mr John Boyd, Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Austube Mills, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

6. The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[3] and consequently is authorised to conduct the ballot.

7. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 3 October 2023. [4]This also establishes the ballot period for the purpose of s.448A(2) of the Act.

8. An Order has been separately issued in PR766307.

9. This matter will be assigned to a Commission Member to conduct the s.448A compulsory conciliation conference along with the other related matters. To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2023/984.

[2] B2023/985.

[3] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[4] This is, in effect, ten working days from the date of effect of the order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR766308>