"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v A Plus Steel Fabrications Pty Ltd T/A a Plus Steel Fabrications

[2023] FWC 2554

[2023] FWC 2554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

v

A Plus Steel Fabrications Pty Ltd T/A A Plus Steel Fabrications

(B2023/1045)

COMMISSIONER CIRKOVIC MELBOURNE, 4 OCTOBER 2023

Proposed protected action ballot of employees of A Plus Steel Fabrications Pty Ltd

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or the Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, A Plus Steel Fabrications Pty Ltd T/A A Plus Steel Fabrications (Respondent). 

1. On 4 October 2023, the Commission was advised that the Respondent objects to the Application.

1. On 4 October 2023 I held a Mention where the Respondent withdrew its objection.

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

1. On the material before me, including the declaration of Mr Stephen Fodrocy, Industrial Officer, AMWU, setting out the steps taken by the AMWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (4 October 2023) has been established by this Commission.[1]  

1. An order has been separately issued in PR766835.

[2023] FWC 2554

1. A further listing will be sent out from my Chambers scheduling a s.448A conference. I will issue the Order requiring attendance at the conference. Directions for the conference will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

[1] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

<PR766836>