Australian Workers' Union v Rheem Australia Pty Limited

[2024] FWC 3116

[2024] FWC 3116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

Rheem Australia Pty Limited

(B2024/1453)

DEPUTY PRESIDENT WRIGHT SYDNEY, 12 NOVEMBER 2024

Proposed protected action ballot of employees of Rheem Australia 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 Rheem Australia Pty Limited (Rheem 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 12 November 2024, the Commission was advised that the Employer, 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. 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, on the basis of the material before me, including:

1. the declaration of Massimo Gregorio, Organiser, dated 11 November 2024, setting out the steps taken by the AWU in bargaining with the Employer;

2. the email dated 12 November 2024 from Katie Hossain, Senior Adviser, Workplace Relations, Australian Industry Group, on behalf of the Employer, seeking to correct some aspects of Mr Gregorio’s declaration.

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

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 26 November 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 PR781157.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other 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] B2024/1433.

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR781159>