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

[2025] FWC 1770

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

Bega Cheese Limited

(B2025/964)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 JUNE 2025

Protected action ballot of employees of Bega Cheese 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 Bega Cheese Limited (Bega or Employer).

On 23 June 2025, 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 Brad Hattenfels, 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 Bega, 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 Services 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 8 July 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 PR788481.

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 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] 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 Fair Work Commission, in a decision dated 24 June 2025, dealt with an application by the Australian Manufacturing Workers’ Union (AMWU) under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Bega Cheese Limited. The AMWU, acting on behalf of its members, sought to conduct a ballot for potential protected industrial action. The employer, Bega Cheese Limited, indicated it did not object to the application, which allowed the matter to be determined on the provided documentation without the need for a hearing.

The legal issues the Commission needed to address included whether the AMWU had genuinely tried to reach an agreement with Bega Cheese Limited and whether all statutory requirements for a protected action ballot were satisfied. The AMWU submitted a declaration by Brad Hattenfels, its Assistant State Secretary, detailing the union's bargaining efforts with the employer. Based on the evidence presented, the Deputy President Hampton concluded that the AMWU had indeed been genuinely attempting to reach an agreement and that all requirements for a ballot were met. The Commission further determined that the voting period for the ballot should conclude on 8 July 2025, which aligns with the 10 working days sought by the AMWU.

The decision concluded with the assignment of the matter to another Commissioner for a compulsory conciliation conference under section 448A of the Fair Work Act. This conference aims to facilitate meaningful negotiations between the parties involved. Additionally, an order was issued to mandate the attendance of all bargaining representatives at the conference, with potential directions to ensure readiness for productive discussions. The Commission's decision effectively sets the stage for the forthcoming negotiations while also allowing the AMWU to proceed with its planned industrial action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established