"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd Summary

[2025] FWC 2304

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

Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd

(B2025/1245)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 AUGUST 2025

Proposed protected action ballot of employees of Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) 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 Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd (Ampcontrol or Employers). The Commission understands that these are related businesses.

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.

On 6 August 2025, the Commission was advised that the Employers, in effect, 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 Nathan Clements, Organiser, setting out the steps taken by the AMWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Ampcontrol, 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 21 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790459.

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] B2025/1253.

[2] 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 Fair Work Commission was presented with an application by the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order concerning employees of Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd. The AMWU sought to conduct a ballot to authorise potential protected actions in relation to an enterprise agreement. The employers, Ampcontrol SWG Pty Ltd and Ampcontrol Service (NSW) Pty Ltd, did not object to the application. Consequently, the matter was determined by the Commission without a hearing, based on the documents provided.

The legal issues before the Commission involved verifying whether the AMWU had genuinely attempted to reach an agreement with the employers and if all the prerequisites under section 443 of the Fair Work Act 2009 had been fulfilled. Additionally, the Commission had to establish the closing date for the ballot and designate a ballot agent. The AMWU's declaration from Nathan Clements, detailing the bargaining process and efforts to reach an agreement, was considered. Furthermore, Fair Vote Services Pty Ltd was approved to conduct the ballot as a qualified agent under section 468A of the Act.

The Commission found that the AMWU had indeed been genuinely attempting to reach an agreement and that all the statutory requirements were met. The Deputy President Hampton set the closing date for the voting period at 21 August 2025, which also serves as the ballot period for conciliation purposes. An order was issued to mandate the attendance of all bargaining representatives at a compulsory conciliation conference. The matter will be reassigned to another Commission member to manage the conference and issue necessary directions to facilitate effective negotiations.

In summary, the Commission granted the AMWU's application for a protected action ballot order, setting the ballot closing date and appointing Fair Vote Services Pty Ltd as the ballot agent. The Commission also scheduled a conciliation conference to encourage the parties to negotiate meaningfully.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Ampcontrol SWG Pty Ltd & Ampcontrol Service (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established