“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v ASSA ABLOY Entrance Systems Australia Pty Limited & Record Automatic.. Summary

[2024] FWC 1509

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

ASSA ABLOY Entrance Systems Australia Pty Limited & Record Automatic Doors Pty Ltd

(B2024/738)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 JUNE 2024

Proposed protected action ballot of employees of ASSA ABLOY Entrance Systems Australia Pty Limited and Record Automatic Doors 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 ASSA ABLOY Entrance Systems Australia Pty Limited and Record Automatic Doors Pty Ltd (the Employers).

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 June 2024, the Commission was advised that the Employers 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 Raymund Shortill, 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 them, 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 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.

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 25 June 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR775844.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the related matter. That Member will issue an Order requiring the attendance of all bargaining representatives for 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] B2024/730.

[2] This is, in effect, ten (10) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order under the Fair Work Act 2009, involving employees of ASSA ABLOY Entrance Systems Australia Pty Limited and Record Automatic Doors Pty Ltd. The AMWU sought authorisation to conduct a ballot for potential protected industrial action in relation to an enterprise agreement. The employers did not oppose the application. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) had also applied for a ballot order concerning the same proposed agreement.

The legal issue before the Commission was whether the AMWU had satisfied the prerequisites under section 443 of the Act for a protected action ballot order. This involved confirming the notification period for the proposed agreement and ensuring all procedural requirements were fulfilled. The AMWU submitted a declaration from its Organiser, Raymund Shortill, outlining the union's efforts in bargaining and its genuine attempts to reach an agreement with the employers. Additionally, the ballot was to be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved agent under section 468A of the Act.

The Deputy President was satisfied that the AMWU had met the necessary criteria, including the notification period and procedural requirements, and that CiVS was an authorised agent to conduct the ballot. The Commission set the closing date for the ballot as 25 June 2024, effectively establishing the ballot period. A separate Order was issued in PR775844, and the matter was assigned to another Commission member to conduct the compulsory conciliation conference. Directions were anticipated to ensure the parties were prepared for meaningful negotiations at the conference.

This decision ensures the AMWU can proceed with the ballot for potential protected industrial action, subject to the conditions set by the Commission. The Commission's actions aim to facilitate a fair and effective bargaining process between the union and the employers.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v ASSA ABLOY Entrance Systems Australia Pty Limited & Record Automatic..

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established