"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Boeing Aerostructures Australia Pty Limited

[2025] FWC 1921

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

Boeing Aerostructures Australia Pty Limited

(B2025/1090)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 JULY 2025

Proposed protected action ballot of employees of Boeing Aerostructures Australia Pty 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 Boeing Aerostructures Australia Pty Limited (Boeing or Employer).

I note that the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

On 4 July 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 Andrew Bonello, Industrial Officer, 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 Boeing, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero 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 18 July 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 PR788917.

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. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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] B2025/1083.

[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 Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot order against Boeing Aerostructures Australia Pty Limited under section 437 of the Fair Work Act 2009. This application was made in relation to certain employees of Boeing, with the aim of allowing these employees to vote on proposed industrial action. The application was filed with the Fair Work Commission, which was tasked with determining whether the AMWU had satisfied the legal requirements to proceed with the ballot.

The central legal issues in this case were whether the AMWU had genuinely attempted to reach an agreement with Boeing and whether all procedural requirements under the Fair Work Act had been met to allow for a protected action ballot. The Commission needed to confirm that the AMWU had indeed engaged in good faith bargaining with Boeing, as mandated by section 443 of the Act. Additionally, the Commission had to ensure that the notification period for the proposed agreement was adhered to and that the requirements for conducting the ballot were met, including the appointment of an authorised ballot agent.

In making its decision, the Fair Work Commission noted that Boeing did not object to the AMWU's application and was satisfied with the evidence presented by the AMWU. The Commission found that the AMWU had genuinely tried to reach an agreement with Boeing and that all necessary requirements under the Act had been fulfilled. Consequently, the Commission determined that a ballot should be conducted by Vero Engagement & Voting Solutions Pty Ltd, an approved ballot agent. The closing date for voting was set as 18 July 2025, which aligns with the ten working days from the date of the order. Furthermore, the Commission established that the matter would proceed to a compulsory conciliation conference, which would be conducted by another member of the Commission.

The final orders included the approval of the protected action ballot, setting the closing date for voting, and scheduling the compulsory conciliation conference. The AMWU was authorized to proceed with the ballot, ensuring that the employees of Boeing could vote on the proposed industrial action within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established