"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Anglo Coal (Capcoal Management) Pty Limited T/A Anglo Coal (Capcoal..

[2024] FWC 3019

[2024] FWC 3019

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

Anglo Coal (Capcoal Management) Pty Limited T/A Anglo Coal (Capcoal Management) Pty Limited

(B2024/1406)

COMMISSIONER DURHAM BRISBANE, 30 OCTOBER 2024

Proposed protected action ballot of employees of Anglo Coal (Capcoal Management) Pty Limited Trading As Anglo Coal (Capcoal Management) 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 (PABO) in relation to certain employees of Anglo Coal (Capcoal Management) Pty Limited T/A Anglo Coal (Capcoal Management) Pty Limited (Employer).

1. On 29 October 2024, the Commission was advised that the Employer objected to the Application.

1. On 29 October 2024, my Chambers emailed the parties directing them to provide material in support or opposing the application. Further noting that I had listed the matter for a conference/hearing on 30 October 2024 to discuss the matter further with the parties. The email also foreshadowed that if resolution could not be reached, the listing would then progress as a hearing to determine the matter.

1. On 30 October 2024, following further discussions, the AMWU and Employer emailed my Chambers advising they had reached an agreement. The AMWU provided amended draft orders in line with what was agreed between the parties. The Employer confirmed that the draft orders reflect the agreed positions of the parties.

1. In addition, the parties have agreed for the AMWU to provide the following undertaking, which has also been added to the Order:  

The AMWU undertakes to ensure that in an emergency situation where there is a risk to personal health and safety and where no other workers are available, AMWU members will be available to perform work.  

AMWU members will not engage in industrial action that would endanger the life, personal safety, health or welfare of the population or part thereof. 

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 Glenn Desmond Sam (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 it, 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. 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 13 November 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR780796.

1. This matter will remain with my Chambers in order to conduct the s.448A compulsory conciliation conference. I 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.

COMMISSIONER

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