Australian Workers' Union v Mainteck Services Pty Limited

[2025] FWC 599

[2025] FWC 599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Mainteck Services Pty Limited

(B2025/297)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 27 FEBRUARY 2025

Proposed protected action ballot of employees of Mainteck Services Pty Limited

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 Mainteck Services Pty Limited (Mainteck or Employer).

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

1. On 26 February 2025, the Commission was advised that the Employer, in effect, did not object to the Application as amended following discussions between the parties.

1. As sought by Mainteck, the AWU has provided the following undertaking to the Commission and the Employer:

“In the event of industrial action, employees will maintain/provide a crew as necessary to provide urgent repair support to the Slab Caster in circumstances of a breakdown to ensure continuous casting and avoid the dumping of iron and associated safety issues.”

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 Shane Klein, 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 Mainteck, 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 (AEC).

1. 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 10 April 2025.[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 PR784820.

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. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement 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] B2025/295.

[2] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR784821>