"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

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)

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

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).

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

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

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

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.

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]

An order has been separately issued in PR766835.

[2023] FWC 2554

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

CaseChat Overview and Summary

The Fair Work Commission (FWC) dealt with an application from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), for a protected action ballot order against A Plus Steel Fabrications Pty Ltd T/A A Plus Steel Fabrications. The AMWU sought the order under section 437 of the Fair Work Act 2009, aiming to conduct a ballot among certain employees of A Plus Steel Fabrications Pty Ltd. The application was made after the AMWU claimed it had been genuinely attempting to negotiate with the employer but had not reached an agreement.

The primary legal issue before the Commission was whether the AMWU had fulfilled all the statutory requirements to be granted the protected action ballot order. Specifically, the Commission needed to determine if the AMWU had demonstrated that it had genuinely attempted to negotiate with the employer, if the notification period for the proposed agreement was met, and if all other conditions under section 443 of the Act were satisfied. The employer had initially objected to the application but later withdrew its objection, leading the Commission to decide the matter based on the written submissions and evidence provided.

The Commission, Commissioner Cirkovic, found that the AMWU had met all the necessary statutory requirements. This conclusion was based on the declaration by Mr Stephen Fodrocy, an Industrial Officer of the AMWU, who detailed the steps taken in bargaining with A Plus Steel Fabrications Pty Ltd and confirmed the union's genuine efforts to reach an agreement. Given this evidence, the Commission was satisfied that the notification period for the proposed agreement had been met and that all conditions under section 443(1) of the Act were fulfilled. Consequently, the Commission granted the AMWU's application for a protected action ballot order. The ballot would be conducted by the Australian Electoral Commission over a period of 30 working days from the date of the order, 4 October 2023. Additionally, a separate order was issued for a s.448A conference, where further negotiations would be directed to ensure meaningful discussions between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established