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

[2025] FWC 2575

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

Allfab Constructions Pty Ltd

(B2025/1365)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 SEPTEMBER 2025

Proposed protected action ballot of employees of Allfab Constructions 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 Allfab Constructions Pty Ltd (Allfab or Employer).

On 1 September 2025, 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 Michael Hall, 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 Allfab, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 15 September 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 PR791280.

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, 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

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Allfab Constructions Pty Ltd. Allfab did not object to the application, prompting the Commission to determine the matter based on the submitted documents without a hearing. The AMWU sought the order to conduct a ballot for proposed protected industrial action, following failed negotiations with Allfab. The application was supported by a declaration from Michael Hall, an AMWU Organiser, who attested to the union's genuine efforts to reach an agreement with the employer.

The legal issues before the Commission included verifying that the AMWU had fulfilled the requirements under section 443(1) of the Act, which necessitates a notification period for the proposed agreement and evidence of genuine bargaining efforts. Additionally, the Commission needed to determine an appropriate closing date for the ballot, ensuring it aligned with the statutory requirements under section 443(3)(c) of the Act. The ballot agent, Fair Vote Services Pty Ltd, was also required to be authorised under section 468A of the Act.

The Deputy President, Hampton, was satisfied that the AMWU had met all statutory requirements, including the notification period and genuine bargaining efforts. The closing date for the ballot was set as 15 September 2025, effectively ten working days from the date of the order. The Commission also scheduled a compulsory conciliation conference under section 448A of the Act, to be conducted by another member of the Commission. This conference aimed to facilitate meaningful negotiations between the parties. The matter was then assigned to another member of the Commission, who would issue the necessary orders for the conciliation conference and direct the parties to attend prepared for substantive discussions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established