"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v EDI Rail PPP Maintenance Pty Ltd
[2023] FWC 1870
•28 JULY 2023
| [2023] FWC 1870 |
| 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
EDI Rail PPP Maintenance Pty Ltd
(B2023/757)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 28 JULY 2023 |
Proposed protected action ballot of employees of EDI Rail PPP Maintenance Pty Ltd
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 EDI Rail PPP Maintenance Pty Ltd (EDI or Employer).
On 28 July 2023, the Commission was advised that EDI, 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 Mr Nathan Everson, AMWU 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 EDI, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, and following consultation with the parties, a ballot period of thirteen (13) working days from the date of the Order (28 July 2023) has been determined by the Commission. I observe that this is, in effect, the same ballot period proposed[2] in the draft Order.
The group of employees to be balloted as originally set out in the draft order was also, following consultation, modified in the final Order to confirm the intention of the parties.
An Order has been separately issued in PR764686.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400
[2] Ten (10) working days from the commencement date of the ballot.
Printed by authority of the Commonwealth Government Printer
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