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

[2023] FWC 2230

[2023] FWC 2230

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

CSL Limited

(B2023/915)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 SEPTEMBER 2023

Proposed protected action ballot of employees of CSL Limited

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of CSL Limited (CSL or Employer). 

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

1. On 4 September 2023, the Commission was advised that CSL, in effect, did not object to the Application.[2]

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing, based on the revised draft order.  

1. On the basis of the material before me, including the declaration of Mr Stephen Fodrocy, AMWU Industrial Official, 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 CSL, 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 Vero Engagement & Voting Systems Solutions Pty Ltd T/A Vero Voting (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s 468A of the Act[3] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, and following consultation with the parties, the Commission has determined that the date by which voting is to close is 18 September 2023.[4] This also establishes the ballot period for the purpose of s.448A(2) of the Act and this aligns with the ballot period in the related matter.

1. An Order has been separately issued in PR765818.

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 matter (B2023/913). To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance 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] B2023/913.

[2] On 4 September 2023, the Commission consulted with the Parties to clarify an inconsistency between Question 2.1 of the Applicant’s F34 and Clause three (3) of the proposed order. This has been resolved in the final Order.

[3] Vero Engagement & Voting Solutions T/A Vero Voting [2023] FWC 1531.

[4] The Commission emailed the Parties on 4 September 2023, proposing to set the closing date for the ballot period as 18 September 2023. No objections were raised by the Parties.

Printed by authority of the Commonwealth Government Printer

<PR765819>