"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ComfortDelGro Corporation Australia Pty Ltd T/A Hillsbus; Hunter Valley..

[2024] FWC 562

[2024] FWC 562

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

ComfortDelGro Corporation Australia Pty Ltd T/A Hillsbus; Hunter Valley Buses; QCity Transit; Blue Mountains Transit

(B2024/168)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 MARCH 2024

Proposed protected action ballot of employees of Comfortdelgro Corporation Australia Pty Ltd

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 (Act) for a protected action ballot order in relation to certain employees of 4 companies held by ComfortDelGro Corporation Pty Ltd (ComfortDelGro or Employers). 

1. ComfortDelGro is the holding company of the following single-interest employers:

1.        Hillsbus Co Pty Ltd (ABN 62 116 171 469);

2.        Hunter Valley Buses Pty Ltd (ABN 68 116 171 432);

3.        QCity Transit Pty Ltd (ABN 50 001 260 242); and

4.        Blue Mountains Transit Pty Ltd (ABN 59 600 387 479).

1. The above entities are presently covered by the CDC NSW Engineering Enterprise Agreement 2021.

1. On 1 March 2024, the Commission was advised that the Employer did not object to the Application as amended.[1]

1. On the basis of the material before me, including the declaration of Victoria Harper, AMWU Organiser, setting out the steps taken by the Applicant in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, 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 the 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[2] and consequently is authorised to conduct the ballot.

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 18 March 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Ballot question 13 was revised by agreement to deal with a concern raised with the parties by the Commission.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking certain forms of the industrial action set out in the Order made by the Commission. The extended notice period of 5 working days applies to questions 1-12 and 14. The remaining question (question 13) will have the default 3 working day notice period. 

1. An Order has been separately issued in PR771982.

1. This matter will shortly be allocated to another Member of the Commission and listed for a s.448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] The parties engaged in discussions in relation to the period of notice associated with certain forms of proposed industrial action and reached an agreement which is reflected in the final Order. The identity of the Employer has also been confirmed.

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

[3] This is, in effect, 10 working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

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