“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Centennial Mandalong Pty Limited

[2024] FWC 2287

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

Centennial Mandalong Pty Limited

(B2024/1090)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 27 AUGUST 2024

Proposed protected action ballot of employees of Centennial Mandalong Pty Limited

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 Centennial Mandalong Pty Limited (Centennial or Employer).

I note that the Mining and Energy Union (MEU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 27 August 2024, 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 Timothy Jackson, 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 Centennial, 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 10 September 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR778681.

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] Respectively, B2024/1078 and B2024/1085.

[2] 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 Fair Work Commission (FWC) was asked to decide on an application made by the Australian Manufacturing Workers’ Union (AMWU) under section 437 of the Fair Work Act 2009. The AMWU sought a protected action ballot order in relation to employees of Centennial Mandalong Pty Limited. The purpose of this order was to allow employees to vote on proposed changes to their enterprise agreement. The application was made in the context of ongoing negotiations between the AMWU and Centennial, with two other unions also having made separate applications for protected action ballot orders concerning the same enterprise agreement.

The legal issues before the Commission involved verifying whether the AMWU had genuinely tried to reach an agreement with Centennial and if the union had fulfilled all the requirements stipulated under section 443 of the Fair Work Act. This included ensuring that the union had provided sufficient notice to the employer and that the proposed agreement met the necessary conditions for a protected action ballot. The Commission had to assess the evidence provided by the AMWU, including a declaration by Timothy Jackson, an AMWU Organiser, outlining the bargaining process and the union's efforts to reach an agreement with Centennial.

The Deputy President Hampton concluded that the AMWU had indeed fulfilled all the necessary requirements under the Fair Work Act. The union had provided adequate notification time for the proposed agreement and had genuinely attempted to reach an agreement with Centennial. Given that Centennial did not object to the application, the Commission decided to grant the AMWU's request for a protected action ballot order. The ballot was set to be conducted by Democratic Outcomes Pty Ltd (CiVS), an approved ballot agent under the Act. The voting period was determined to close on 10 September 2024, which was 10 working days from the date of the Order. This decision was made without holding a hearing as all relevant information had been provided on the papers.

In summary, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The ballot was set to be conducted by an approved agent, with voting to close on 10 September 2024. The Commission also noted that the matter would be assigned to another Member for a compulsory conciliation conference, requiring all bargaining representatives to attend and be prepared to negotiate meaningfully.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established