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

[2025] FWC 2331

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

Cascade Brewery Company Pty Ltd

(B2025/1265)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 AUGUST 2025

Proposed protected action ballot of employees of Cascade Brewery Company 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 Cascade Brewery Company Pty Ltd (Cascade or Employer).

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

On 11 August 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 Teodino Ottavi, 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 Cascade, 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 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 22 September 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790545.

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] B2025/1244.

[2] 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 case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), against Cascade Brewery Company Pty Ltd, was heard by the Fair Work Commission in August 2025. The AMWU sought a protected action ballot order under section 437 of the Fair Work Act 2009 for a proposed enterprise agreement. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) also made a separate application for a ballot order concerning the same agreement. The employer, Cascade Brewery Company Pty Ltd, did not object to the AMWU's application.

The legal issues before the court included whether the AMWU had genuinely attempted to negotiate with the employer, whether the notification time for the proposed agreement was adequate, and if all requirements under section 443(1) of the Act were met. The Deputy President, Hampton, decided to proceed without a hearing, based on the materials submitted, including the declaration by Teodino Ottavi, State Organiser for the AMWU, which outlined the bargaining process and the union's efforts to reach an agreement. The court found that the AMWU had genuinely attempted to negotiate and that all statutory requirements had been satisfied.

The Deputy President determined that the Australian Electoral Commission would conduct the ballot, setting the closing date for voting on 22 September 2025. This date also established the ballot period for the purposes of section 448A(2) of the Act. The matter was assigned to another Member of the Commission for a compulsory conciliation conference. Directions were issued to ensure the parties attended the conference prepared for meaningful negotiations. The court issued an Order, separate from the one issued in PR790545, to facilitate the proceedings.

The Fair Work Commission granted the AMWU's application for a protected action ballot order. The ballot was scheduled to be conducted by the Australian Electoral Commission, with voting to close on 22 September 2025. A compulsory conciliation conference was also mandated, with directions issued to ensure the parties were prepared for meaningful negotiations. The case was assigned to another Commission member for further proceedings, ensuring compliance with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established