Australian Workers' Union v Monroe Australia Pty. Ltd

[2025] FWC 1634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Monroe Australia Pty. Ltd.

(B2025/919)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 JUNE 2025

Proposed protected action ballot of employees of Monroe Australia Pty. Ltd.

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 Monroe Australia Pty. Ltd. (Monroe or Employer).

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.

On 12 June 2025, the Commission was advised that the Employer, in effect, did not object to 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 declaration of Nathan Crack, Branch Official, 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 Monroe, 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.

The ballot is to be conducted by Australian Electoral Commission (AEC).

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 25 July 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR788162.

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] B2025/925.

[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

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Australian Workers' Union (AWU) seeking a protected action ballot order for certain employees of Monroe Australia Pty. Ltd. This application was made under section 437 of the Fair Work Act 2009. The AWU aimed to conduct a ballot to allow its members to vote on potential protected actions, such as strikes or other industrial action, if an agreement could not be reached with Monroe. Notably, another union, the Australian Manufacturing Workers’ Union (AMWU), had also filed a separate application for a ballot concerning the same proposed enterprise agreement. Monroe did not object to the AWU's application, allowing the Commission to proceed with the decision based on the submitted documents.

The legal issues before the Commission involved verifying whether the AWU had met all the statutory requirements to hold a protected action ballot. Specifically, the Commission had to determine if there was a notification period as required by section 443(1) of the Act and whether the AWU had genuinely attempted to reach an agreement with Monroe. The Commission also needed to establish the closing date for the ballot under section 443(3)(c) of the Act, which was set at 25 July 2025. Furthermore, the Commission had to address the separate application by the AMWU and coordinate the compulsory conciliation conference with another related matter.

Upon reviewing the declaration by Nathan Crack, the Branch Official of the AWU, the Commission found that the AWU had genuinely engaged in bargaining efforts with Monroe. The declaration detailed the steps taken by the AWU, confirming that all statutory requirements had been fulfilled. Consequently, the Deputy President Hampton determined that the notification period was valid and that the AWU could proceed with the ballot. The Australian Electoral Commission was designated to conduct the ballot. The Commission also set 25 July 2025 as the closing date for the voting period. Another Member of the Commission would handle the compulsory conciliation conference, ensuring that all bargaining representatives participated in meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established