"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Bisalloy Steels Pty Ltd

[2023] FWC 1719

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

Bisalloy Steels Pty Ltd

(B2023/709)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 JULY 2023

Proposed protected action ballot of employees of Bisalloy Steels 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) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Bisalloy Steels Pty Ltd (Bisalloy Steels or Respondent).

On 14 July 2023, the Commission was advised that the Respondent 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 Mr John Stewart, AMWU Organiser, setting out the steps taken by the AMWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with Bisalloy Steels, 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) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (14 July 2023) has been established by this Commission.[1]

An order has been separately issued in PR764237.

This matter will be assigned to another Member of the Commission to conduct the s.448A conference in conjunction with related matter B2023/713. The Member will issue the Order requiring attendance 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 the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) lodged an application with the Fair Work Commission seeking a protected action ballot order in relation to certain employees of Bisalloy Steels Pty Ltd. The AMWU, the applicant, sought to conduct a ballot among the employees to determine if they supported protected industrial action. Bisalloy Steels Pty Ltd, the respondent, did not object to the application, which was made under section 437 of the Fair Work Act 2009. Consequently, the Deputy President Hampton decided to determine the matter based on the submitted documentation without holding a hearing.

The key legal issues before the Commission were whether the AMWU had satisfied the notification time requirement and all the prerequisites under section 443(1) of the Fair Work Act for conducting a protected action ballot. The AMWU needed to demonstrate that it had been genuinely attempting to reach an agreement with Bisalloy Steels and that all procedural requirements were fulfilled. The application included a declaration by Mr. John Stewart, an AMWU Organiser, which outlined the union's bargaining efforts and commitment to reaching an agreement.

The Deputy President Hampton found that the AMWU had met all the statutory requirements for a protected action ballot. The union had genuinely tried to reach an agreement with Bisalloy Steels, and the notification time for the proposed agreement had been met. Given this, the Commission was satisfied that the AMWU was entitled to conduct the ballot. The ballot was to be organised by the Australian Electoral Commission, with a 30-working-day period commencing from the date of the order, 14 July 2023. A separate order was also issued for the s.448A conference, which would be conducted in conjunction with a related matter. The Commission intended to issue directions to ensure meaningful negotiations during the conference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established