"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v CSL Limited T/A Seqirus

[2024] FWC 1905

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 T/A Seqirus

(B2024/916)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 19 JULY 2024

Proposed protected action ballot of employees of CSL Limited trading as Seqirus

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 CSL Limited trading as Seqirus (Seqirus or Employer).

I note that the Community and Public Sector Union (CPSU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the United Workers’ Union (UWU)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 19 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 Stephen Fodrocy, 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 Seqirus, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero 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 9 August 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 PR777191.

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, B2024/917, B2024/918 and B2024/919.

[2] The Commission proposed for the ballot to close on this date for all related matters. This date is, in effect, 14 working days after the making of the Order. The CEPU, on behalf of the Applicants in each related matter, confirmed that each Applicant was content with the Commission's proposal. No objections were raised by the Respondent.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order concerning employees of CSL Limited, trading as Seqirus. The AMWU sought authorisation for a ballot to determine whether its members would support protected action in relation to a proposed enterprise agreement. The Community and Public Sector Union (CPSU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the United Workers' Union (UWU) also applied for ballot orders regarding the same proposed agreement. CSL Limited did not object to the AMWU's application.

The legal issues before the Commission included whether the AMWU had genuinely attempted to reach an agreement with the employer and if all statutory requirements for a ballot had been fulfilled. The Deputy President reviewed the AMWU's declaration, which detailed its bargaining efforts with Seqirus, and was satisfied that the union had genuinely tried to reach an agreement. The Commission also determined that the notification period for the proposed agreement had been met and that all conditions under section 443(1) of the Fair Work Act 2009 were satisfied. Vero Engagement & Voting Solutions Pty Ltd was approved to conduct the ballot as it is an authorised ballot agent.

The Commission decided to proceed with the determination based on the documents submitted, without holding a hearing. The Deputy President issued an order setting 9 August 2024 as the closing date for voting, aligning with the Commission's proposal and the confirmation of the other unions involved. This date was 14 working days after the order's issuance. Another member of the Commission would oversee the compulsory conciliation conference under section 448A of the Act, with directions likely to be issued to ensure meaningful negotiations among the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established