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

[2025] FWC 1820

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

Bucher Municipal Pty Ltd

(B2025/1034)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 26 JUNE 2025

Proposed protected action ballot of employees of Bucher Municipal 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 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 Bucher Municipal Pty Ltd (Bucher or Employer).

On 26 June 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 Bucher, 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 (AEC).

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 7 August 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR788600.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. 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] This is, in effect, 30 working days from the making of the Order and is the minimum period required by the AEC.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a protected action ballot order concerning employees of Bucher Municipal Pty Ltd. The matter was heard by Deputy President Hampton in Adelaide on 26 June 2025. Bucher Municipal Pty Ltd did not object to the application, and therefore, the matter was determined on the papers without a hearing. The application sought to conduct a ballot to allow the employees to vote on whether to take protected industrial action, as permitted under section 437 of the Fair Work Act 2009.

The central legal issue was whether the AMWU had met the requirements of section 443(1) of the Fair Work Act to be eligible to apply for a ballot order. Specifically, the court needed to assess if the union had genuinely attempted to negotiate with Bucher Municipal Pty Ltd and if there was a notification period in relation to the proposed agreement. The AMWU provided a declaration from Andrew Bonello, an industrial officer, who attested to the union's efforts in bargaining and their genuine attempt to reach an agreement with Bucher.

Deputy President Hampton was satisfied, based on the material before the court, that the AMWU had genuinely attempted to reach an agreement and that there was a notification period in relation to the proposed agreement. All requirements under section 443(1) of the Fair Work Act were met. Consequently, the Deputy President granted the AMWU's application for a protected action ballot order. The ballot was to be conducted by the Australian Electoral Commission, with voting to close on 7 August 2025. The decision also included an order assigning the matter to another member of the Commission for a compulsory conciliation conference under section 448A of the Fair Work Act. This member would issue an order requiring the attendance of all bargaining representatives at the conference, with directions likely to be issued to ensure meaningful negotiations.

This decision allowed the AMWU to proceed with the ballot for protected industrial action, subject to the timeframes and requirements set out by the Fair Work Commission. The compulsory conciliation conference aimed to facilitate meaningful negotiations between the parties, potentially averting the need for industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established