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

[2025] FWC 1160

[2025] FWC 1160

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

Cement Australia Holdings Pty Ltd

(B2025/661)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 28 APRIL 2025

Proposed protected action ballot of employees of Cement Australia Holdings Pty Ltd.

1. This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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 Cement Australia Holdings Pty Ltd (Cement Australia or Employer).

1. I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] and the Australian Workers’ Union (AWU)[2] have made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

1. Cement Australia did not directly provide the Commission with any response to the application, but I observe that it did not oppose either of the related matters.

1. In the circumstances and noting that Cement Australia was on notice that the application would be determined in the absence of a response if required, I have decided to deal with the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Michael Wickham, Tasmania Branch 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 Cement Australia, 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 Australian Electoral Commission (AEC).

1. 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 10 June 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR786452.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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] B2025/631.

[2] B2025/639.

[3] 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

<PR786453>