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

[2025] FWC 305

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

Dollar Sweets Company Pty Limited

(B2025/203)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 FEBRUARY 2025

Proposed protected action ballot of employees of Dollar Sweets Company Pty. Limited

This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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 Dollar Sweets Company Pty. Limited (Dollar Sweets or Employer).

On 4 February 2025, 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 Dollar Sweets, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 18 February 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR783956.

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, 8 working days from the anticipated commencement date and was the period sought in the draft order.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), lodged an application under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to employees of Dollar Sweets Company Pty Limited. The Deputy President of the Fair Work Commission, Hampton, was tasked with determining the matter on the basis of the submitted documents as the employer did not object to the application. The AMWU sought to conduct a ballot to determine whether its members would engage in protected industrial action, given that it had been attempting to reach an agreement with Dollar Sweets.

The legal issues before the court were whether the AMWU had fulfilled all the requirements under section 443(1) of the Act for a protected action ballot order, and whether the AMWU's proposed notification period was appropriate. The court also needed to confirm that the designated ballot agent, Fair Vote Services Pty Ltd, was duly approved under section 468A of the Act.

The Deputy President concluded that the AMWU had indeed met all the requirements for the ballot order, including providing a declaration by Stephen Fodrocy, an Industrial Officer, that the union had been genuinely attempting to reach an agreement with Dollar Sweets. Furthermore, the court determined that the notification period was appropriate and set the closing date for voting as 18 February 2025. This date was eight working days from the anticipated commencement date and aligned with the period sought in the draft order. The court also confirmed that Fair Vote Services Pty Ltd was an approved ballot agent under the Act.

In summary, the Deputy President Hampton issued an order approving the AMWU's application for a protected action ballot and set the closing date for voting. This decision was made without the need for a hearing as the employer did not object to the application. The matter will proceed to a compulsory conciliation conference, which will be conducted by another member of the Commission.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established