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

[2025] FWC 2437

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

Allegion (Australia) Pty Ltd

(B2025/1312)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 AUGUST 2025

Proposed protected action ballot of employees of Allegion (Australia) 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 Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Allegion (Australia) Pty Ltd (Allegion or Employer).

On 19 August 2025, the Commission was advised that the Employer, in effect, did not object to the Application. I observe that Allegion did clarify certain aspects of the negotiations which do not impact upon compliance with the statutory requirements to make the proposed order.

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 Chloe Simmons, Industrial Officer, 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 Allegion, 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 (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 1 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790838.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. 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] 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 Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Allegion (Australia) Pty Ltd. Allegion did not object to the application, and the matter was determined on the papers without a hearing. The AMWU had provided evidence that it had genuinely attempted to reach an agreement with Allegion, satisfying the requirements of the Fair Work Act 2009. The Commission ordered that the ballot be conducted by the Australian Electoral Commission, with voting to close on 1 October 2025. This decision established the ballot period for the purposes of s.448A(2) of the Act. The matter will be assigned to another Commission member to conduct a compulsory conciliation conference, and directions will likely be issued to ensure meaningful negotiations.

The legal issues the court had to decide included whether the AMWU had met the statutory requirements under s.443(1) of the Fair Work Act 2009 to apply for a protected action ballot order. The court also had to determine the closing date for voting in the ballot and ensure that the Australian Electoral Commission conducted the ballot. Additionally, the court had to consider the timing of the compulsory conciliation conference under s.448A of the Act, and whether the ballot period was appropriate.

The Fair Work Commission determined that the AMWU had met all statutory requirements to apply for a protected action ballot order. The Deputy President was satisfied with the evidence provided by the AMWU that it had genuinely attempted to reach an agreement with Allegion. The court ordered that the ballot be conducted by the Australian Electoral Commission and set the closing date for voting as 1 October 2025. This date was 30 working days from the making of the order and was the period sought in the application. The Commission also decided that another member would conduct the compulsory conciliation conference and issue directions to ensure the parties were prepared for meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established