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

[2025] FWC 73

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

Bundaberg Walkers Engineering Ltd

(B2025/13)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 9 JANUARY 2025

Proposed protected action ballot of employees of Bundaberg Walkers Engineering 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 Bundaberg Walkers Engineering Ltd (Bundaberg Walkers or Employer).

On 9 January 2025, the Commission was advised that the Employer, in effect, did not object to the Application as amended.

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 Edward John Couch, Regional 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 Bundaberg Walkers, 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 23 January 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 PR783105.

The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template.

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, 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) filed an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order concerning certain employees of Bundaberg Walkers Engineering Ltd. The AMWU aimed to conduct a ballot to potentially authorise protected industrial action by the employees. Bundaberg Walkers did not object to the application, leading the Fair Work Commission to decide on the matter without a hearing.

The key legal issues before the Commission were whether the AMWU had genuinely attempted to reach an agreement with Bundaberg Walkers and if all the necessary requirements under section 443 of the Act had been met for a ballot to proceed. The AMWU provided a declaration by Edward John Couch, Regional Organiser, which outlined the steps taken in bargaining and the union's genuine efforts to reach an agreement. The Commission was satisfied that a notification period existed and that all conditions under section 443(1) were fulfilled. The Commission also confirmed that Democratic Outcomes Pty Ltd (CiVS) was an approved ballot agent under section 468A of the Act, and thus authorised to conduct the ballot.

The Commission decided to proceed with the ballot, setting the closing date for voting as 23 January 2025, which effectively constitutes ten working days from the date of the order. This date also established the ballot period under section 448A(2) of the Act. An Order was issued in PR783105, and the case was assigned to another Member of the Commission to oversee a compulsory conciliation conference under section 448A. The Commission aimed to ensure meaningful negotiations by issuing directions for the parties to attend the conference prepared to negotiate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established