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

[2024] FWC 1857

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

Boom Logistics Ltd

(B2024/895)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 JULY 2024

Proposed protected action ballot of employees of Boom Logistics Ltd

This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (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 Boom Logistics Ltd (Boom or Employer).

I note that the Australian Workers’ Union (AWU)[1] and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia[2] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 16 July 2024, the Commission was advised that the Employer 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 Stephen Fodrocy, 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 Boom, 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 25 July 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR777038

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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] B2024/893.

[2] B2024/895.

[3] This is, in effect, 7 working days from the making of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Boom Logistics Ltd. The AMWU sought the order to allow its members to vote on whether to take industrial action if an agreement for an enterprise agreement could not be reached. The application was made under section 437 of the Fair Work Act 2009. This application is one of several made by different unions in relation to the same proposed enterprise agreement, although it is noted that Boom Logistics Ltd did not object to this particular application.

The legal issues before the Deputy President included whether the AMWU had genuinely tried to reach an agreement with Boom Logistics Ltd, and whether the notification time for the proposed agreement had been met. The Deputy President found that the AMWU had genuinely tried to reach an agreement and that the notification time had been met, as evidenced by the declaration of Stephen Fodrocy, Industrial Officer for the AMWU. Additionally, the Deputy President confirmed that the ballot agent, Democratic Outcomes Pty Ltd, was approved to conduct the ballot. The Deputy President also set the closing date for voting on the ballot as 25 July 2024.

The Deputy President issued an order for the ballot to proceed and set the closing date for voting. The matter will be assigned to another Member of the Commission for a compulsory conciliation conference. This Member will require the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. Directions will likely be issued to ensure that the parties attend the conference prepared for meaningful negotiations.

The final orders include the authorisation for the ballot to proceed, the setting of the closing date for voting as 25 July 2024, and the assignment of the matter for a compulsory conciliation conference. The Deputy President also noted that further orders will be issued to ensure that all relevant parties attend the conciliation conference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established