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

[2024] FWC 2008

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

CSR Limited

(B2024/956)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JULY 2024

Proposed protected action ballot of employees of CSR 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 CSR Limited (CSR or Employer).

On 30 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 Paul Allan McGrath, 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 CSR, 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 13 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 PR777655.

The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template.

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 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] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the Australian Manufacturing Workers' Union (AMWU) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of CSR Limited. The AMWU sought the order to facilitate a ballot for proposed protected industrial action due to ongoing negotiations with CSR Limited. CSR Limited did not oppose the application, leading the Deputy President to proceed with the matter based on the submitted documents. The AMWU, represented by Paul Allan McGrath, claimed to have been genuinely attempting to reach an agreement with CSR Limited and outlined the steps taken in their bargaining efforts.

The central legal issue for the Commission to address was whether the AMWU had fulfilled the statutory requirements under section 443 of the Fair Work Act to hold a ballot for protected action. This involved verifying that the AMWU had attempted to reach an enterprise agreement and that the necessary notification period had elapsed. Additionally, the Commission had to confirm that the ballot agent, Democratic Outcomes Pty Ltd (CiVS), was appropriately approved under section 468A of the Act. The Deputy President was satisfied that all requirements were met based on the evidence provided.

In reaching the decision, the Deputy President noted that the AMWU had indeed been genuinely attempting to negotiate with CSR Limited and that the requisite notification period had passed. The Deputy President also confirmed that CiVS was an approved ballot agent. Consequently, the Commission granted the AMWU's application for a protected action ballot order, specifying that voting would close on 13 August 2024. This date, effectively ten working days from the order's issuance, aligns with the AMWU's request. Furthermore, the Commission scheduled a compulsory conciliation conference to be conducted by another member to ensure meaningful negotiations between the parties. This matter will be handled separately, with orders issued accordingly.

The final orders included granting the AMWU's application for a protected action ballot order, setting the closing date for voting on 13 August 2024, and scheduling a compulsory conciliation conference to be overseen by another member of the Commission. These actions aim to facilitate further negotiations and potentially avert the need for industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established