"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas Summary

[2025] FWC 70

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

Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas

(B2025/14)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 JANUARY 2025

Proposed protected action ballot of employees of Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas

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 Bureau Verita Minerals Pty Ltd trading as Bureau Veritas (Bureau Veritas or Employer).

On 8 January 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 Jhaelen Davey, State 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 Bureau Veritas, 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 20 February 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 PR783093.

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 was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Bureau Veritas Minerals Pty Ltd trading as Bureau Veritas. The AMWU applied for a protected action ballot order under section 437 of the Fair Work Act 2009, seeking to conduct a ballot among certain employees of Bureau Veritas. The dispute revolves around the employees' proposed industrial action, which the AMWU intends to use as leverage in negotiations for a new enterprise agreement. Bureau Veritas, while not objecting to the application, did not contest the application on its merits, leading to the Commission determining the matter based on the documentation provided.

The central legal issue before the Commission was whether the AMWU had fulfilled the statutory requirements to conduct a protected action ballot. This involved verifying that the union had genuinely attempted to reach an agreement with Bureau Veritas and that the necessary notification period had elapsed. The Commission reviewed the declaration of Jhaelen Davey, State Organiser of the AMWU, which outlined the union's efforts and the timeline of negotiations. The Deputy President was satisfied that the AMWU had met all the prerequisites for a protected action ballot, including the procedural requirements set out in section 443(1) of the Act.

Following the determination, the Deputy President issued an order allowing the AMWU to proceed with the ballot, specifying the voting closure date as 20 February 2025, which aligns with the 30 working days period sought by the AMWU. Additionally, the case was assigned to another Member of the Commission for a compulsory conciliation conference under section 448A of the Act. This conference aims to facilitate meaningful negotiations between the parties and will require the attendance of all bargaining representatives. The Commission's decision ensures that the industrial action process adheres to the legislative framework, providing a structured pathway for resolving the underlying dispute.

The final orders included the approval of the ballot process, the specified voting closure date, and the assignment of the compulsory conciliation conference to another Commission member. These orders are intended to support a resolution through negotiation while protecting the rights of both the union and the employer.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Bureau Veritas Minerals Pty Ltd T/A Bureau Veritas

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established