"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v BlueScope Steel (AIS) Pty Ltd & BlueScope Steel Limited Summary

[2025] FWC 1439

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
BlueScope Steel (AIS) Pty Ltd & BlueScope Steel Limited

(B2025/821)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 MAY 2025

Proposed protected action ballot of employees of BlueScope Steel (AIS) Pty Ltd and BlueScope Steel 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 BlueScope Steel (AIS) Pty Ltd and BlueScope Steel Limited (BlueScope or Employers). The Commission understands that the Employers are related businesses for present purposes.

I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 26 May 2025, the Commission was advised that the Employers, 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 Gavin Bubb, Organiser, 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 BlueScope, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 10 June 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR787641.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. That 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.

DEPUTY PRESIDENT

[1] B2025/813 – this application has already been determined and an order made.

[2] 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), lodged an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of BlueScope Steel (AIS) Pty Ltd and BlueScope Steel Limited (BlueScope). The application was made to the Fair Work Commission, which understood that BlueScope Steel (AIS) Pty Ltd and BlueScope Steel Limited were related businesses for the purpose of this application. The AMWU sought to conduct a ballot to authorize protected action, and BlueScope did not object to the application. The Commission, therefore, determined the matter on the provided documentation without holding a hearing.

The primary legal issues the Commission needed to resolve were whether the AMWU had fulfilled the prerequisites for a protected action ballot under section 443 of the Act, including demonstrating genuine efforts to reach an agreement with BlueScope. The Commission had to assess whether the notification period was appropriate and whether all requirements had been met for the ballot to proceed. Additionally, the Commission had to determine the closing date for voting, which would establish the ballot period.

The Deputy President Hampton concluded that the AMWU had genuinely attempted to reach an agreement with BlueScope, as evidenced by the declaration of Gavin Bubb, the Organiser for the AMWU. The Commission found that a notification period was applicable and that the AMWU had met all the statutory requirements. Consequently, the Deputy President Hampton decided to issue an order for the ballot, which was to be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved agent under section 468A of the Act. The closing date for voting was set at 10 June 2025, establishing the ballot period for the purpose of section 448A(2) of the Act. The matter was assigned to another Member of the Commission to conduct the compulsory conciliation conference, and directions were to be issued to ensure the parties' attendance and readiness for meaningful negotiations.

The final orders included the authorization of the protected action ballot to be conducted by CiVS, with voting to close on 10 June 2025. Additionally, the Commission assigned the matter to another Member for the compulsory conciliation conference and directed the attendance of all bargaining representatives, ensuring they were prepared for negotiations.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v BlueScope Steel (AIS) Pty Ltd & BlueScope Steel Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established