"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors Summary

[2023] FWC 1629

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

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

(B2023/673)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 5 JULY 2023

Proposed protected action ballot of employees of Fenner Dunlop Australia 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 the Respondent, Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors (Fenner Conveyors or Respondent).

On 4 July 2023, the Commission was advised that the Respondent 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 Raoul Wainwright, Industrial Officer, AMWU Victorian Branch, setting out the steps taken by the AMWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with Fenner Conveyors, 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 Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (3 July 2023) has been established by this Commission.[1]

An order has been separately issued in PR763926.

This matter will be assigned to another Member of the Commission to conduct the s.448A 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] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), trading as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, lodged an application under section 437 of the Fair Work Act 2009 for a protected action ballot order against Fenner Dunlop Australia Pty Ltd, trading as Fenner Conveyors. The AMWU sought to organise a ballot among certain employees of Fenner Conveyors, and Fenner Conveyors did not object to the application. Deputy President Hampton determined the matter on the basis of the papers submitted without holding a hearing.

The key legal issues before the court were whether the AMWU had fulfilled all the requirements under section 443 of the Act to hold the ballot and if the notification period for the proposed agreement was appropriate. The AMWU provided a declaration by Mr. Raoul Wainwright, an Industrial Officer of the AMWU Victorian Branch, stating that the union had been genuinely attempting to reach an agreement with Fenner Conveyors and had taken all necessary steps in the bargaining process.

Deputy President Hampton was satisfied that the AMWU had genuinely attempted to reach an agreement with Fenner Conveyors and that all the requirements under section 443(1) of the Act had been met. The court also determined that a notification period was in place for the proposed agreement. A ballot period of 30 working days from the date of the order (3 July 2023) was established by the Commission.

The court issued an order for the Australian Electoral Commission to conduct the ballot and assigned another member of the Commission to conduct the section 448A conference. Directions were also likely to be issued to ensure the parties attended the conference prepared for meaningful negotiations.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established