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

[2024] FWC 2042

[2024] FWC 2042

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

Alstom Transport Australia Pty Limited

(B2024/967)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 1 AUGUST 2024

Proposed protected action ballot of employees of Alstom Transport Australia Pty Limited

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

1. I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 31 July 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended. However, it raised certain concerns that have been considered by the Commission.

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

1. On the basis of the material before me, including the declaration of Nathan Everson, 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 Alstom, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. Alstom raised concerns about the uncertainty of the actual ballot period in the draft order and its length. In this regard, I observe that it is CiVS, as the ballot agent, that sets the timetable for the commencement of the ballot. However, the Commission establishes the date by which the ballot is to close.

1. 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 16 August 2024. This is, in effect, 10 working days from the date of the order. I consider that this date will permit the ballot to conducted as expeditiously as practical, which is the criteria established by the Act.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR777745.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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] B2024/969.

[2] See s.444(3)(c) of the Act as considered in CEPU v Nilsen (NSW) Pty Ltd[2023] FWCFB 134.

Printed by authority of the Commonwealth Government Printer

<PR777746>