Australian Workers' Union v Keppel Prince Engineering Pty Ltd

[2024] FWC 559

[2024] FWC 559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Keppel Prince Engineering Pty Ltd

(B2024/171)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 MARCH 2024

Proposed protected action ballot of employees of Keppel Prince Engineering Pty Ltd

1. This is an application by the Australian Workers’ Union (AWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Keppel Prince Engineering Pty Ltd (Keppel or Employer) who are currently covered by the Keppel Prince Enterprise Agreement 2021 for Workshops.

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.[1]

1. On 1 March 2023, the Commission was advised that Keppel, in effect, did not object to the Application.

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

1. On the basis of the material before me, including the declaration of Mr Rob Saunders on behalf of the AWU, 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 them, 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.

1. The ballot is to be conducted by the Australian Electoral Commission. 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 18 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR771975.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2024/170). 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] B2024/170.

[2] This is, in effect, 30 working days from the making of the Order, as sought in the Application. This is also the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

<PR771976>