"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v General Motors Australia and New Zealand Pty Ltd

[2024] FWC 2941

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

General Motors Australia and New Zealand Pty Ltd

(B2024/1381)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 23 OCTOBER 2024

Proposed protected action ballot of employees of General Motors Australia and New Zealand 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 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 General Motors Australia and New Zealand Pty Ltd (GM or Employer).

On 23 October 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 GM, 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) of the Act, the Commission has determined that the date by which voting is to close is 5 December 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 PR780511.

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, 30 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot order from the Fair Work Commission against General Motors Australia and New Zealand Pty Ltd (GM), pursuant to section 437 of the Fair Work Act 2009. The AMWU aimed to conduct a ballot among certain employees of GM to gauge support for potential protected industrial action due to ongoing disputes over an enterprise agreement. The application was brought before Deputy President Hampton in Adelaide on 23 October 2024.

The primary legal issue before the Commission was whether the AMWU had fulfilled the necessary statutory requirements to conduct a protected action ballot under the Fair Work Act. Specifically, the Commission needed to ascertain whether the AMWU had genuinely attempted to reach an agreement with GM and whether all procedural requirements for the ballot were satisfied. The declaration by Stephen Fodrocy, an Industrial Officer of the AMWU, provided the necessary evidence that the union had been genuinely trying to negotiate with GM and that a notification period existed for the proposed agreement.

Upon reviewing the submitted materials, Deputy President Hampton determined that the AMWU had met all the statutory requirements for a protected action ballot. The declaration from the Industrial Officer demonstrated the union's efforts to negotiate and the existence of a notification period, thereby satisfying section 443(1) of the Act. Consequently, the Commission approved the ballot, which was to be conducted by the Australian Electoral Commission, and set the voting deadline as 5 December 2024. This decision was made without a hearing, as GM did not object to the application.

The Commission's decision included issuing a separate order under PR780511, and the matter was assigned to another member for a compulsory conciliation conference under section 448A of the Act. The conference aimed to facilitate meaningful negotiations between the parties, with directions to ensure their readiness to engage in substantive discussions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established