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

[2024] FWC 1819

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

George Weston Foods Limited

(B2024/869)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 11 JULY 2024

Proposed protected action ballot of employees of George Weston Foods 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 George Weston Foods Limited (GWF or Employer).

I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 10 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 Andrew Bonello, 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 it, 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 22 August 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR776911.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference with the other related matter. 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] B2024/869.

[2] This is, in effect, 30 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for a protected action ballot order in relation to employees of George Weston Foods Limited (GWF). The application was made under section 437 of the Fair Work Act 2009, seeking to hold a ballot for proposed industrial action. The AMWU argued that the necessary conditions for a protected action ballot had been met. The GWF did not object to the application, which was thus determined on the papers without a hearing.

The legal issues before the Deputy President, Wright, were whether the AMWU had genuinely attempted to reach an agreement with GWF and whether all requirements under section 443(1) of the Fair Work Act had been satisfied. Additionally, the court had to determine an appropriate closing date for the voting period under section 443(3)(c) of the Act. The AMWU's declaration, stating their efforts in bargaining and attempts to reach an agreement, was a central part of the evidence.

The Deputy President, Wright, concluded that the AMWU had genuinely tried to reach an agreement with GWF and that all the requirements for a protected action ballot had been met. The court set the closing date for voting at 22 August 2024, ensuring a 30-working-day period from the making of the order. This date was also set for the ballot period under section 448A(2) of the Act. The matter was referred to another member of the Commission for a compulsory conciliation conference, with orders to be issued for the attendance of all bargaining representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established