"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Assa Abloy Entrance Systems Pty Ltd & Record Automatic Doors Pty Ltd..

[2024] FWC 525

[2024] FWC 525

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 Pty Ltd & Record Automatic Doors Pty Ltd

(B2024/157)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Assa Abloy Entrance Systems Pty Ltd & Record Automatic Doors Pty Ltd

(B2024/158)

COMMISSIONER ALLISON MELBOURNE, 28 FEBRUARY 2024

Proposed protected action ballot of employees of ASSA ABLOY Entrance Systems Pty Limited and of Record Automatic Doors Pty Ltd

1. This decision concerns two applications for protected action ballot orders made under s.437 of the Fair Work Act 2009 (Cth) (FW Act) and filed with the Commission on 26 February 2024.

1. The first application is made by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) in respect to certain employees engaged by Assa Abloy Entrance Systems Australia Pty Ltd and Record Automatic Doors Pty Ltd (together, the Respondents) who are members of the AMWU.

1. The second application is made by the Communications, Electrical, Electronic, Energy information, Postal, Plumbing and Allied Services Union of Australia (CEPU) in respect of certain employees engaged by the Respondents who are members of the CEPU.

1. In accordance with s.442 of the FW Act, I decided to deal with these applications together noting that the applications relate to proposed industrial action by employees at the same workplace who are bargaining for the same proposed agreement.

1. On 27 February 2024, the Respondents notified the Commission that they intended to object to the applications for a range of reasons including, amongst other concerns, that negotiations had not been exhausted. A conference was convened before me on the afternoon of 27 February 2024. During the conference the Respondents agreed to withdraw their objections on the basis that, in the event that the Commission determined to issue protected action ballot orders, an expedited s.448A conference would be held on 7 March 2024. All parties confirmed their availability for that date.

1. In light of the parties’ consent position, and the Respondents’ withdrawal of their objections, 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 declarations from Alex North, AMWU Organiser and Prameesh Chandra, CEPU Organiser, I am satisfied that:

• Bargaining has commenced and a Notice of Employee Representational Rights has been issued in relation to the proposed enterprise agreement (s.437(2A))

• Both the AMWU and the CEPU have been, and are, genuinely trying to reach an agreement with the Respondents.

1. I am satisfied that all the requirements in s.443(1) of the Act have been met and s.443(2) does not apply. On that basis, I must make the protected action ballot orders.

1. The respective ballots are to be conducted by Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[1] 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 in both ballots is 14 March 2024. This also establishes the ballot period for both ballots for the purposes of s 448A(2) of the Act.

1. Two protected action ballot orders have been separately issued in PR771879 and PR771880.

1. A compulsory s.448A conciliation conference will be listed for Thursday 7 March 2024. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at this conference. Directions will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

Printed by authority of the Commonwealth Government Printer

<PR771878>