“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v BIS Industries Limited

[2022] FWC 3140

[2022] FWC 3140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

BIS Industries Limited

(B2022/1755)

COMMISSIONER MCKINNON SYDNEY, 25 NOVEMBER 2022

Proposed protected action ballot of employees of BIS Industries Limited

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is bargaining for an enterprise agreement with BIS Industries Limited (BIS Industries) under the Fair Work Act 2009 (the Act). The proposed agreement will replace the Bis Port Kembla Enterprise Agreement 2018 which nominally expired on 5 May 2022. Some employees of BIS Industries who will be covered by the proposed agreement are members of the AMWU.

1. The AMWU has applied for a protected action ballot order in relation to the proposed agreement. Section 437 of the Act deals with when a bargaining representative can apply for a protected action ballot order. Section 443 requires the Commission to make a protected action ballot order if certain conditions are met. On the material before me, I am satisfied that these conditions are met because:

1. there is a notification time in relation to the proposed agreement,

2. the application is made under section 437, and

3. the AMWU has been, and is, genuinely trying to reach an agreement with BIS Industries.

1. It follows that a protected action ballot order must be made.

1. Order PR748337 gives effect to this decision and will issue separately. The Order will come into effect today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR748339>