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

[2023] FWC 1770

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

ACIRL Proprietary Limited

(B2023/726)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 21 JULY 2023

Proposed protected action ballot of employees of ACIRL Proprietary Limited

This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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, ACIRL Proprietary Limited (ACIRL or Employer).

On 21 July 2023, the Commission was advised that the Employer 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 Mr Danny Lorraway, AMWU Regional Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with ACIRL, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 10 (ten) working days from the date of the Order (21 July 2023) has been approved by the Commission.

An order has been separately issued in PR764416.

This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring attendance 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), also known as "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union," made an application to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning specific employees of ACIRL Proprietary Limited. The AMWU sought to conduct a protected action ballot, which is a vote among employees to decide on potential industrial action such as strikes or bans on working overtime. The application was made without objection from ACIRL, and the matter was decided on the basis of written submissions and evidence, without a hearing.

The central legal issue before the Commission was whether the AMWU had fulfilled the requirements under the Fair Work Act for conducting a protected action ballot. Specifically, the Commission had to determine if there was a notification time for the proposed agreement, if the AMWU had genuinely tried to reach an agreement with the employer, and if the AMWU met all conditions stipulated under section 443(1) of the Act. Additionally, the Commission needed to approve the ballot agent, Democratic Outcomes Pty Ltd T/A CiVS (CiVS), and set a ballot period in line with section 443(3)(c) and section 448A(2) of the Act.

The Deputy President Hampton concluded that the AMWU had satisfied all the necessary requirements. This was based on the declaration of Mr Danny Lorraway, AMWU Regional Organiser, which detailed the union's bargaining efforts with the employer and affirmed its genuine attempts to reach an agreement. Given this, the Commission was satisfied that the notification time had been met, and all conditions under section 443(1) of the Act were fulfilled. CiVS, recently approved as a ballot agent, was authorised to conduct the ballot. The ballot period was set at ten working days from the date of the order, 21 July 2023. Furthermore, the Commission indicated that another Member would be assigned to conduct the section 448A conference, with accompanying directions to ensure the parties were prepared for meaningful negotiations.

In light of the above, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The order specified the use of CiVS as the ballot agent and established the ballot period. Further directions were to be issued to ensure both parties were prepared to engage in negotiations during the upcoming section 448A conference.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established