"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Artcraft Proprietary Limited

[2025] FWC 2274

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

Artcraft Proprietary Limited

(B2025/1236)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 AUGUST 2025

Proposed protected action ballot of employees of Artcraft Proprietary Limited

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 Artcraft Proprietary Limited (Artcraft or Employer).

On 5 August 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 Andrew Bonello, 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 Artcraft, 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 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 19 August 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 PR790371.

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) lodged an application with the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to employees of Artcraft Proprietary Limited. The AMWU sought to conduct a ballot to potentially authorise protected industrial action by the employees of Artcraft, and the employer did not object to the application. The matter was determined on the papers without a hearing, as the employer did not contest the application. The Deputy President of the Commission assessed the information provided by the AMWU, including the declaration by the Industrial Officer, which detailed the union's efforts to negotiate with the employer and their genuine attempts to reach an agreement.

The legal issues before the Deputy President included whether the AMWU had complied with all necessary requirements under the Fair Work Act for holding a protected action ballot. Specifically, the court had to determine if the union had provided adequate notification of the proposed agreement, if all procedural requirements had been met, and if the appointed ballot agent was eligible under the Act. The Deputy President concluded that the union had satisfied all the conditions under section 443(1) of the Act, including the notification period, and that the ballot agent, Fair Vote Pty Ltd, was appropriately authorised to conduct the ballot.

Based on the material presented, the Deputy President was satisfied that the AMWU had met the necessary criteria for a protected action ballot. The court issued an order setting the closing date for voting as 19 August 2025, which aligns with the 10 working days from the order as requested by the AMWU. The matter will subsequently proceed to a compulsory conciliation conference under section 448A, where both parties will be required to attend and engage in meaningful negotiations. Another member of the Commission will manage this conference and issue the necessary orders and directions to facilitate the process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established