“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Cargill Australia Limited

[2024] FWC 357

[2024] FWC 357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Cargill Australia Limited

(B2024/101)

DEPUTY PRESIDENT GRAYSON SYDNEY, 9 FEBRUARY 2024

Proposed protected action ballot of employees of Cargill Australia Limited

1. 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 (the Act) for a protected action ballot order (PABO) in relation to certain employees of Cargill Australia Limited (Cargill or Employer). The application concerns a proposed single enterprise agreement.

1. On 8 February 2024, the Commission was advised that the Employer did not object to the Application following discussion between the parties. The parties communicated a consent position. Accordingly, I have decided that the matter will be determined on the papers without the need for a hearing.

1. I have considered the material before the Commission, including the declaration of Mr Timothy Jackson, AMWU Organiser, which sets out:

(a)That bargaining has commenced and a Notice of Employee Representational Rights issued to Cargill employees;

(b)the steps taken by the AMWU during bargaining with the Employer; and,

(c)that the AMWU has been, and is, genuinely trying to reach agreement with Cargill.

1. Accordingly, 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.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[1] 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 February 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR771156.

1. 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 involved 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

Printed by authority of the Commonwealth Government Printer

<PR771155>