"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Crown Equipment Pty Limited Summary

[2024] FWC 1876

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

Crown Equipment Pty Limited

(B2024/897)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 17 JULY 2024

Proposed protected action ballot of employees of Crown Equipment 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) (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 Crown Equipment Pty Limited (Crown or Employer).

On 17 July 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 Chloe Simmons, Industrial Officer, 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 Crown, 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 the Australian Electoral Commission.

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 28 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR777100.

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 for 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] This is, in effect, 30 working days from the making of the Order, as sought in the application. This is also the minimum period required by the AEC to conduct the ballot.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning employees of Crown Equipment Pty Limited. The AMWU sought the order to facilitate a ballot among the employees regarding potential protected action. Crown Equipment Pty Limited, the employer, indicated it did not oppose the application, allowing the Commission to proceed without a hearing. The Deputy President, Hampton, made the decision on 17 July 2024.

The primary legal issue before the Deputy President was whether the AMWU had met the necessary requirements to conduct a protected action ballot under section 443 of the Act. This involved verifying if the union had genuinely attempted to reach an agreement with the employer and if all procedural steps for the ballot were correctly followed. The AMWU submitted a declaration from Chloe Simmons, an Industrial Officer, detailing the union's bargaining efforts and its continuous attempts to reach an agreement with Crown. The Deputy President had to ascertain whether these efforts met the legal criteria and if all procedural prerequisites were fulfilled.

Upon reviewing the evidence, the Deputy President determined that the AMWU had genuinely engaged in bargaining with Crown and had met all requirements for a protected action ballot. Consequently, the application was approved, and the Australian Electoral Commission was designated to conduct the ballot. The Deputy President set 28 August 2024 as the closing date for voting, which aligns with the minimum period required by the Electoral Commission to conduct the ballot. Furthermore, the matter was assigned for a compulsory conciliation conference under section 448A of the Act, aiming to facilitate meaningful negotiations between the parties.

The final order mandated the Australian Electoral Commission to conduct the ballot by 28 August 2024 and assigned the matter to another Commission member to oversee the compulsory conciliation conference. The member was instructed to issue an order requiring all bargaining representatives to attend the conference and potentially issue directions to ensure the parties were prepared for meaningful negotiations.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Crown Equipment Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established