"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v BAE Systems Australia Limited T/A BAE Systems Australia Summary

[2024] FWC 1833

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

BAE Systems Australia Limited T/A BAE Systems Australia

(B2024/883)

COMMISSIONER PLATT

ADELAIDE, 15 JULY 2024

Proposed protected action ballot of employees of BAE Systems Australia Limited T/A BAE Systems Australia

This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (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 BAE Systems Australia Limited (BAE or Employer).

On 15 July 2024, the Commission was advised that the Employer, 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 Stuart Gordon, Assistant State Secretary, 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.

The ballot is to be conducted by the Australian Electoral Commission.

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 23 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

A Consent Order has been separately issued in PR776946.

This matter will be assigned to a Member of the Commission to conduct the s.448A compulsory conciliation conference. The 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.

COMMISSIONER

[1] This is, in effect, 30 working days from the making of the Order, which is the period sought in the application and the minimum period required by the AEC to conduct the ballot.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (FWC) for a protected action ballot order concerning employees of BAE Systems Australia Limited. The application was made under section 437 of the Fair Work Act 2009. The AMWU sought to conduct a ballot to authorize potential industrial action due to ongoing disputes with the employer. The employer, BAE Systems Australia Limited, did not object to the application, allowing the matter to be determined without a hearing. The AMWU provided a declaration from its Assistant State Secretary, Stuart Gordon, outlining the union's efforts to reach an agreement with the employer through bargaining.

The legal issues before the Commission included whether the AMWU had genuinely attempted to reach an agreement with the employer, whether there was a notification period for the proposed agreement, and whether all requirements under section 443(1) of the Act were met. The Commission found that the AMWU had genuinely attempted to negotiate with the employer and that all requirements for the ballot had been satisfied. The Commission also determined the closing date for the voting period, setting it as 23 August 2024, which aligns with the minimum period required by the Australian Electoral Commission to conduct the ballot.

The Commission issued a Consent Order and assigned the matter to a Member of the Commission for a compulsory conciliation conference under section 448A. The Member will require the attendance of all bargaining representatives and may issue directions to ensure that the parties are prepared to engage in meaningful negotiations. The decision ensures that the AMWU can proceed with the ballot as planned, facilitating potential industrial action if necessary, while also mandating further conciliation efforts to resolve the underlying dispute.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v BAE Systems Australia Limited T/A BAE Systems Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established